Judge overturns Calif. gay marriage ban
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Last Updated: Thursday, August 05, 2010, 09:33
  
San Francisco: A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

The ruling by Chief U.S. District Judge Vaughn Walker touched off a celebration outside the courthouse. Gay couples waved rainbow and American flags and erupted with cheers in the city that has long been a haven for gays.

Shelly Bailes held a sign reading "Life Feels Different When You're Married" as she embraced her wife, Ellen Pontac. People in the Castro neighborhood toasted with champagne as word of the ruling spread.

In New York City, about 150 people gathered outside a lower Manhattan courthouse. They carried signs saying "Our Love Wins" as organizers read portions of the ruling.

Walker methodically rejected every argument posed by sponsors of the ban in response to a lawsuit filed by two gay couples who claimed Proposition 8, the voter-approved ban, violated their civil rights.

"Proposition 8 singles out gays and lesbians and legitimates their unequal treatment," the judge wrote in his 136-page opinion. "Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents."

Standing in front of eight American flags at a news conference, the two couples behind the case beamed and choked up as they related their feelings of validation.

"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."

Protect Marriage, the coalition of religious and conservative groups that sponsored the ban, said it would immediately appeal the ruling to the 9th U.S. Circuit Court of Appeals.

"In America, we should uphold and respect the right of people to make policy changes through the democratic process, especially changes that do nothing more than uphold the definition of marriage that has existed since the founding of this country and beyond," said Jim Campbell, a lawyer on the defense team.

Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.

Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal. He ordered both sides to submit written arguments by Friday on the issue.

The appeal would go first to the 9th Circuit then to the U.S. Supreme Court if the high court justices agree to review it.

California's electorate passed Proposition 8 with 52 percent of the vote in November 2008 after the most expensive political campaign on a social issue in U.S. history.

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

Walker, however, found it violated the Constitution's due process and equal protection clauses while failing "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," the judge wrote.

Bureau Report


First Published: Thursday, August 05, 2010, 09:33


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