Prop 8 Gay Marriage Ban Struck Down in California

by at . Comments

The 9th Circuit Court in California struck down Proposition 8, the state's voter-passed ban on gay marriage, ruling that it violates the rights of gay Californians.

The Court's crucial 2-1 vote concluded that the law violates the 14th Amendment rights of gay couples in California to equal protection under the law.

This morning, the Court wrote:

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."

Prop 8

The Circuit Court backed up District Judge Judge Vaughn Walker, who ruled in 2010 that  California has no "rational basis" to single out gays as ineligible for marriage.

The group fighting for Proposition 8, which passed in 2008 after thousands of gay couples had already married, appealed Walker's decision arguing that it should be vacated because Walker is gay and has a long-time same-sex partner.

That ruling was called a "grand slam" by gay rights advocates, who hope it will convince the U.S. Supreme Court to decide that states cannot outlaw gay marriage.

But today's ruling was explicit in that the court's decision is "narrow" and only relates to California, not the entire nation. The pro-Prop. 8 camp has said it will appeal.

In a separate decision, the court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship.

The group can now ask that all 11 members of the 9th Circuit hear their case, instead of just the panel of three who decided against them on Tuesday.

Stay tuned ...

Tags: ,
Avatar

Why not go jump in the Mississippi river and swim the length of it you homophobic......

Avatar

I believe that marriage is supposed to be between a man and a woman. That belief may be made fun of, but I truly think that's how it is.
however, I also believe people should be able to make their own choices. I can see why prop. 8 upset people, because it took away their right to choose. I think same sex couples should be allowed a marriage/civil union/whatever you want to call it. It's their constitutional right, just as it's my right to believe in heterosexual marriage! Let God decide what to do about it later.

Avatar

CORNHOLING is strictly prohibited in southern Mississippi. butt putty is unlawful to be sold in 16 counties. Ass Gaskets are mandatory in all airport restrooms. bullhead crabs brought in from California are contagious and lethal.

Avatar

This issue is about how the state governs its citizens. There is no rational basis for the state to deny homosexual couples the legal benefits conferred upon heterosexual couples. What if the government were to have a law that defined marriage as only between caucasian citizens? There would be riots in the street because such a law would be clearly in violation of the Constitution. But, the religious right has no problem with denying homosexual citizens their rights. Religious beliefs cannot dictate how the government governs its citizens. There has to be a rational basis for enacting any law that promotes or abridges the rights of American citizens.

Avatar

I don't understand how narrow minded people can be. Love is love what does it matter the sex of the individuals? I wouldn't want anyone to have a say in my marriage! It is not a religous issue its a human issue!

Avatar

I do believe marriage should between and man and women. Call it something else give it a different name, but give them the same rights as married people. But leave the word "marriage" to stright people.

Avatar

Anyone with a brain could see it was unconstitutional. And then you have the Conservatives, who have been on the wrong side of every equal rights issue in history.