Prop 8 – California Gay Marriage Ban – Ruled Unconstitutional!
Prop 8, California’s gay marriage ban passed in 2008, has been ruled unconstitutional by the 9th Circuit Federal Appeals Court. According to The Los Angeles Times, the 2-1 decision upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down Prop 8 in 2010 after holding a trial on the nature of sexual orientation and the history of marriage.
ProtectMarriage, the backers of Prop 8, will likely appeal the ruling. They can go to a larger panel of the 9th Circuit or go directly to the U.S. Supreme Court. The Supreme Court is expected to be divided on the issue, which has been plaguing the country for years.
Don’t expect gays and lesbians in California to be rushing to the altar; the gay marriage ban will remain in affect while the case goes to the Supreme Court. Also, the court’s decision will not immediately affect other states (even those within the 9th Circuit). Marriage bans in other states will probably continue until challenged or until state officials refused to recognize them, attorneys said.
Those who oppose Prop 8 say it is unlawful because the Constitution guarantees that all people be equally protected under the law and due process, which means people should be protected against laws that are unfair, arbitrary or unreasonable.
We’re one step closer to marriage equality!