In a 136-page ruling, a US federal judge has struck down California’s gay marriage ban.
Chief US District Judge Vaughn Walker has declared Proposition 8 to be unconstitutional, as it violates due process and equal protection rights.
From Walker’s ruling (read the full version below):
"Proposition 8 fails to advance any rational basis in
singling out gay men and lesbians for denial of a marriage license.
Indeed, the evidence shows Proposition 8 does nothing more than
enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California
has no interest in discriminating against gay men and lesbians, and
because Proposition 8 prevents California from fulfilling its
constitutional obligation to provide marriages on an equal basis,
the court concludes that Proposition 8 is unconstitutional.”
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Read the full court ruling here:
Nov 7, 2008 protest in San Francisco, following the passage of Prop 8. (photo by Ingrid Taylor, Flickr, CC 2.0)
Read more of Xtra’s Prop 8 coverage:
- Married lesbian couple fights California’s Prop 8 through song
- Marriage ruling sparks full day of protests in San Francisco
- Canadians rally against Prop 8 as California Supreme Court upholds ban
- Protests against Prop 8 continue
- Same-sex marriage vote comes down to wire in California