Thank you for letting us know. We will review this comment.

COOKIES & PRIVACY POLICY

California court rules Prop 8 as unconstitutional

In a significant step for gay equality in the United States, a court of law has ruled that California's Proposition 8 is unconstitutional.

Peter Lloyd

Wed, 08 Feb 2012 17:36:00 GMT | Updated 1 years today

In a significant step for gay equality in the United States, a court of law has ruled that California's Proposition 8 is unconstitutional.

 

A three-judge panel of the 9th US Circuit Court of Appeals ruled that a lower court judge correctly interpreted the US Constitution when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

 

As expected, the San Francisco court made the ruling in the late hours of yesterday, GMT.

 

The controversial constitutional amendment - which was passed in November 2008 - was implemented after a minor ballot box victory of 52 per cent. 

It came after several thousand couples had already married in the West-coast state.

Subsequently, gay and lesbian couples formally challenged the legislation, which has since seen a back-and-forth debate that has divided the often-liberal California community.

 

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," states the opinion, written by Judge Stephen Reinhardt.

 

Adding to the sense of victory, the 9th Circuit decision also found no evidence that the judge who issued the lower court ruling, Judge Vaughn Walker, was biased because he was gay.

 

As predicted, supporters of Proposition 8 are expected to appeal the decision and ask the Supreme Court to overturn it.

 

"We are not surprised that this Hollywood-orchestrated attack on marriage - tried in San

Francisco - turned out this way," said Brian Raum, senior counsel for the Alliance Defense Fund, told The Associated Press.

 

Currently, six states - New York, Massachusetts, Connecticut, Vermont, New Hampshire and Iowa - allow gay marriage, as does Washington, D.C.

More images

Video

DIVA Linked Stories

Comments