Proposition 8 Ruled Unconstitutional by a Fed. Judge

[Eilonnwy]

A federal judge in California on Wednesday struck down the state's ban on same-sex marriage, ruling that voter-approved Proposition 8 violates the U.S. Constitution -- handing supporters of gay rights a major victory in a case that both sides say is sure to wind up before the U.S. Supreme Court.

The 136-page opinion, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy fight over California's Proposition 8, which defines marriage as a union between a man and a woman.

At stake in the trial was whether California's ban on same-sex marriage violates gay couples' rights to equal protection and due process, as protected by the U.S. Constitution.

The high-profile case is being watched closely by both supporters and opponents of same-sex marriage, as many say it is destined to make its way to the U.S. Supreme Court. If it does, the case could result in a landmark decision on whether people in the United States are allowed to marry people of the same sex.

Source: http://www.cnn.com/2010/US/08/04/califor...tml?hpt=T1

I am more than ecstatic at this decision and was nearly in tears when I heard some of what the judge had to say about marriage.

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. 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.

Source: http://articles.latimes.com/2010/aug/04/...s-20100805

There's a good chance Prop 8 will make it to the Supreme Court and if they make a decision like Judge Walker, denying same sex marriage could be ruled unconstitutional across all 50 states. That's certainly something I dearly wish for. I just have no idea how the Supreme Court would vote, it's a very divided one.