Gay marriage ban is unconstitutional, says California judge
Saying it was unconstitutional, a federal judge on Wednesday struck down California's voter-enacted ban on same-sex marriages.
It has been reported that before the ruling in San Francisco, both sides said they would appeal a loss. The case should eventually reach the U.S. Supreme Court.
U.S. District Chief Judge Vaughn R. Walker said Proposition 8, voted into the California Constitution in November 2008, "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation," The Los Angeles Times has reported.
Same-sex partners "seek to have the state recognize their committed relationships, and plaintiffs' relationships are consistent with the core of the history, tradition and practice of marriage in the United States," he further added.
The judge concluded Prop 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license ... (and) does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," The Times said.
The Times also reported that Walker has stayed his order until Friday. The newspaper revealed that the stay gives Proposition 8 supporters an opportunity to appeal the ruling and try to have a longer stay issued.
The Times further reported that the stay may also result in putting off resumption of same-sex marriages in California. Government officials in Los Angeles County and West Hollywood said they were studying Walker's ruling before determining whether to resume marrying same-sex couples.
Plaintiffs will appeal the ruling, said Austin R. Nimocks, senior legal counsel for the Alliance Defense Fund, which argued on behalf of Proposition 8 in the court case.
Nimocks said, "We're obviously disappointed that the judge did not uphold the will of over 7 million Californians who made a decision in a free and fair democratic process." (With Inputs from Agencies)