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Gay News: Federal judge decrees that California's Proposition 8, which bans same-sex marriage, is unconstitutional.
By: Nigel Robinson
Proposition 8 "unconstitutional"
Proposition 8 "unconstitutional"
Proposition 8 is overturned
In his judgment, Chief U.S. District Judge Vaughn Walker, stated: “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.”
He went on to say: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage licence.
“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.
“Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
However, supporters of the ban, which had been voted for by a slim majority in 2008, are expected to appeal against Judge Walker’s ruling.
It is likely that their appeal will reach the US Supreme Court.
Although the ruling will not become law immediately, California’s state governor Arnold Schwarzenegger welcomed the decision.
In a statement he said: “For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves.
“At the same time, it provides an opportunity for all to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.”
Currently same-sex marriage in the USA is only allowed in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington DC.
