California Court Overturns Prop 8

[elrhiarhodan]

The Federal Appeals Court for California has ruled that the gay marriage ban is unconstitutional.

The ruling states:

"Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted."

"Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question," the court said. "We need not and do not answer the broader question in this case."

Furthermore, it has ruled that the lower court decision, which was challenged because the Chief U.S. Judge Vaughn Walker (now retired) disclosed that he was gay and in a long-term relation, was properly made, without bias. It was the first instance of an American jurist's sexual orientation being cited as grounds for overturning a court decision.

The ruling; however, does not mean that same-sex marriages can resume in California. The court said gay marriages cannot resume in the state until the deadline passes for Proposition 8 sponsors to appeal to a larger panel of the 9th Circuit. If such an appeal is filed, gay marriages will remain on hold until it's resolved.

Source: New York Times, CA Gay Marriage Ban Is Unconstitutional, Feb. 7, 2012.

And tip of the hat to ultracape for the heads up.