Prop 8 Ruled Unconstitutional
On Tuesday a three-judge panel of the 9th US circuit court of appeals decided California’s voter-approved ban on same-sex marriage unconstitutional in a 2-1 decision.
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.
The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.
Evan Wolfson, founder and President of Freedom to Marry, the campaign to win marriage nationwide, issued the following statement in response to the ruling:
“Today’s powerful court ruling striking down the infamous Prop 8 affirms basic American values and helps tear down a discriminatory barrier to marriage that benefits no one while making it harder for people to take care of their loved ones. The Ninth Circuit rightly held that a state simply may not take a group of people and shove them outside the law, least of all when it comes to something as important as the commitment and security of marriage. We salute the American Foundation for Equal Rights, which brought this challenge to Prop 8.
“This monumental appellate decision restores California to the growing list of states and countries that have ended exclusion from marriage, and will further accelerate the surging nationwide majority for marriage. As this and other important challenges to marriage discrimination move through the courts around the country, Freedom to Marry calls on all Americans to join us in ensuring that together we make as strong a case in the court of public opinion as our legal advocates are making in the courts of law. By growing the majority for marriage, winning more states, and tackling federal discrimination – Freedom to Marry’s ‘Roadmap to Victory’ – we maximize our chances of winning when one case or another finally reaches the U.S. Supreme Court.”
Backs of Proposition 8 said they plan to appeal to a larger 9th circuit panel and then to the US Supreme Court.