Federal Appeals Court Declares Calif.'s Prop. 8 Unconstitutional
A federal appeals court Tuesday struck down California's voter-approved ban on same-sex marriage, declaring the measure unconstitutional.
The 2-1 decision by the panel from the U.S. 9th Circuit Court of Appeals in San Francisco affirmed a lower court ruling in 2010 by now-retired U.S. District Judge Vaughn Walker. The proponents of Prop. 8 have vowed to appeal, virtually assuring that the issue will now be decided by the U.S. Supreme Court in Washington, D.C.
"Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California," wrote Judge Stephen Reinhardt for the court.
Prop. 8 supporters can appeal the decision to the full 9th Circuit, or go directly to the Supreme Court.
"Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling says.
The court ruled that same-sex marriages in the state cannot resume until the deadline passes for the proponents of Prop. 8 to appeal the decision.
For more background and analysis, check out KPCC, the Los Angeles Times, Towleroad, and the San Francisco Chronicle.
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