Politics & Government

California's Ban on Same-Sex Marriage Unconstitutional

A federal appeals court in San Francisco found that Proposition 8 — passed by California voters in 2008 — violates the 14th Amendment guarantee of equal protection under the law.

From Bay City News Service

A federal appeals court in San Francisco today found Proposition 8, California's ban on same-sex marriage, to be unconstitutional.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled by a 2-1 vote that the voter-approved measure violates the U.S. Constitution's 14th Amendment guarantee of equal protection under the law. 

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The ruling does not allow same-sex marriages to resume immediately. The appeals court said its decision will be on hold until it issues a formal mandate, which gives the initiative's sponsors time to appeal and seek a stay from either the full 9th Circuit or the Supreme Court.

The appeals court's ruling is narrow and applies only to the state of California.

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The court said that Proposition 8, passed by state voters in 2008, treated gays and lesbians unfairly by taking away a previously granted right to marriage while still allowing similar responsibilities through domestic partnership.

Judge Stephen Reinhardt wrote, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."

The court issued the decision in a civil rights lawsuit filed in federal court in San Francisco by two same-sex couples in 2009.

Same-sex couples had a right to marry in California for several months in 2008 as a result of a California Supreme Court ruling in May 2008, but Proposition 8, approved by voters in November of that year, amended the state Constitution to remove that right.

The 9th Circuit ruled this morning in a federal lawsuit in which two same-sex couples switched the focus to the U.S. Constitution and argued that Proposition 8 violated their federal constitutional rights.

The measure's sponsors and their committee, Protect Marriage, had appealed to the 9th Circuit after U.S. District Judge Vaughn Walker ruled in 2010 that Proposition 8 is unconstitutional.

Andrew Pugno, a lawyer for Protect Marriage, said the sponsors will appeal today's ruling.

"We will immediately appeal this misguided decision that disregards the will of more than 7 million Californians who voted to restore marriage as the unique union of only a man and woman," Pugno said.

"Our path to the U.S. Supreme Court is now very clear," he said.

A GATHERING OUTSIDE THE COURTHOUSE

A crowd of about 150 people gathered outside the federal courthouse at Mission and Seventh streets this morning to await an appeals court ruling on Proposition 8.

When word came down that a panel of the appeals court had found California's same-sex marriage ban unconstitutional, the crowd erupted into cheers.

"This is a huge victory for the people of the state of California," said John Lewis, of the group Marriage Equality. "This is a great victory for love."

George Lin, 30, who has lived in San Francisco for the past two years, said he was "really, really ecstatic" to hear the news.

Lin, an Air Force reservist, said he lived in Nebraska before moving to the Bay Area, and that coming here felt like "a little step back" because he used to live next to Iowa, where same-sex marriage is legal.

He said that although he is single, he wants to be able to marry someday.

"Eventually, I want the same rights," Lin said.

Before the ruling was issued, the crowd outside the courthouse recited words they attributed to the late Harvey Milk, San Francisco's first openly gay supervisor.

"All men and women are created equal," they said. "No matter how hard they try, they can never erase those words."

Supervisor Scott Wiener was among those in the crowd, arriving a few minutes before the ruling was announced.

A short time later, the crowd marched to City Hall. As they arrived at Civic Center Plaza, they were met by a lone same-sex marriage protester armed with a bullhorn and wearing a shirt that read, "He is Jesus."

"You have to check yourself," he shouted at them, saying marriage is supposed to be between a man and a woman.

The crowd moved past him like a stream flowing over a rock.

Today's decision can be appealed further to an expanded 11-judge panel of the 9th Circuit and to the U.S. Supreme Court.

REACTIONS

Those on both sides of the same-sex marriage battle reacted swiftly to today's appeals court ruling striking down California's ban on gay and lesbian weddings.

American Civil Liberties Union spokesman James Esseks said, "This is a wonderful victory not only for same-sex couples, but for everyone who values fairness and dignity for all families."

Randy Thomasson, president of a traditional values group called Save California, said, "God created a man and a woman to fit together in marriage."

Thomasson said, "The 9th Circuit ruling to strike down man-woman marriage ... is unfair to the voters, against our republic, against our democratic system, against the United States Constitution, against nature, and against God and His beneficial design of family."

Gov. Jerry Brown said in a statement, "The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision."

State Attorney General Kamala Harris applauded the decision, saying, "Today's ruling is a victory for fairness, a victory for equality and a victory for justice."

Proposition 8 attorney Andrew Pugno said the measure's supporters are confident the Supreme Court will eventually uphold the initiative.

Pugno said, "Ever since the beginning of this case, we've known that the battle to preserve traditional marriage will ultimately be won or lost not here, but rather in the U.S. Supreme Court."

City Attorney Dennis Herrera said, "There's been a lot of ups and downs. And there has been frustration that we've had to wait 8 yrs because justice delayed is justice denied. But we also have to look at progress that has been made in that time."

How do you feel about the federal ruling deeming California's ban against same-sex marriage unconstitutional? Share your thoughts in the comments.


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