Proposition 8, California’s ballot initiative that denied marriage rights to same sex couples, has been ruled unconstitutional.
Judge Vaughn Walker handed in his 136 page decision today, stating that Prop 8 is “unconstitutional under both the due process and equal protection clauses.”
Here’s a key excerpt:
“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.”
That decision is expected to be appealed by Prop 8 supporters and could eventually land same-sex marriage in front of the U.S. Supreme Court.
Voters approved the November 2008 ballot initiative which amended the California State Constitution’s definition of marriage as a union between one man and one woman. This was done six months after the California State Supreme Court ruled that banning same-sex marriage in the state was unconstitutional.
Upon Prop 8's passing, two gay couples later sued to overturn it on grounds it’s discriminatory. However, attorneys defending Proposition 8 say it does not discriminate, but does endorse conventional marriage.
According to the ruling, the vote is unconstitutional under both the due-process and equal-protection clauses.
