Court Strikes Down California Gay Marriage Ban

Court Strikes Down California Gay Marriage Ban

A federal judge has ruled that a California ban on same-sex marriage violates the due process and equal protection clauses of the U.S. Constitution. “Proposition 8,” the “California Marriage Protection Act,” had restricted marriages in the state to opposite-sex couples.

Excerpts from Judge Vaughn Walker‘s  136-page ruling:

“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.”

“Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre. Gender no longer forms an essential part of marriage; marriage under law is a union of equals.”

Read the complete ruling in Perry et al v. Schwarzenegger et al here (pdf version with supporting documents and videos are here).

The case will almost certainly be appealed to the Supreme Court.

Image (The Wedding Couple, after Abbott Handerson Thayer and Richard E. Miller) by Mike Licht. Download a copy here. Creative Commons license; credit Mike Licht,

Comments are welcome if they are on-topic, substantive, concise, and not boring or obscene. Comments may be edited for clarity and length.

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