Friday, August 6, 2010

Judge Voids California Ban on Gay Marriage

Wall Street Journal
August 5, 2010

A federal court in San Francisco on Wednesday overturned California's voter-approved ban on same-sex marriages, in a landmark case that could eventually lead the U.S. Supreme Court to decide if gays have a constitutional right to marry.

U.S. Ninth District Court Judge Vaughn Walker ruled that 2008's Proposition 8 violated the constitutional guarantees to equal protection and due process because it singles out gays and lesbians for denial of a marriage license.

In his ruling, Judge Walker took issue with the argument that California voters had good reason for singling out gays when they voted for Proposition 8. "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," wrote Judge Walker in a 138-page ruling.

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