Californias gay marriage ban ruled UNCONSTITUTIONAL

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Prop8UnConst_992500968.jpgProposition 8, California’s ballot initiative that denied marriage rights to same sex couples, has been ruled unconstitutional.

Judge Vaughn Walker handed in his 136 page decision today, stating that Prop 8 is “unconstitutional under both the due process and equal protection clauses.”

Here’s a key excerpt:

“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.”

That decision is expected to be appealed by Prop 8 supporters and could eventually land same-sex marriage in front of the U.S. Supreme Court.

Voters approved the November 2008 ballot initiative which amended the California State Constitution’s definition of marriage as a union between one man and one woman. This was done six months after the California State Supreme Court ruled that banning same-sex marriage in the state was unconstitutional.
Upon Prop 8's passing, two gay couples later sued to overturn it on grounds it’s discriminatory. However, attorneys defending Proposition 8 say it does not discriminate, but does endorse conventional marriage.

According to the ruling, the vote is unconstitutional under both the due-process and equal-protection clauses.

Good As You has posted PDF of the decision.

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