Whoohooo!
Hey, the Constitution still applies to some things:
SAN FRANCISCO -- A judge in California rules the state's same-sex marriage ban is unconstitutional.
U.S. District Chief Judge Vaughn R. Walker said Proposition 8 violated the federal constitutional rights of gays and lesbians to marry the partners of their choice.
Proposition 8, which outlawed gay marriages in California five months after the state Supreme Court legalized them, passed with 52 percent of the vote in November 2008 following the most expensive campaign on a social issue in U.S. history.
Attorneys on both sides have said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals then the Supreme Court if the high court justices agree to review it.
Anticipating such a scenario, lawyers for the coalition of religious and conservative groups that sponsored Proposition 8 in 2008 filed a legal brief Tuesday asking Walker to stay his decision if he overturns the ban so same-sex couples could not marry while an appeal was pending.
"Same-sex marriages would be licensed under a cloud of uncertainty, and should proponents succeed on appeal, any such marriages would be invalid," they wrote.
Walker presided over a 13-day trial earlier this year that was the first in federal court to examine if states can prohibit gays from getting married without violating the constitutional guarantee of equality.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
Opponents said that tradition or fears of harm to heterosexual unions were legally insufficient grounds to discriminate against gay couples.
SAN FRANCISCO -- A judge in California rules the state's same-sex marriage ban is unconstitutional.
U.S. District Chief Judge Vaughn R. Walker said Proposition 8 violated the federal constitutional rights of gays and lesbians to marry the partners of their choice.
Proposition 8, which outlawed gay marriages in California five months after the state Supreme Court legalized them, passed with 52 percent of the vote in November 2008 following the most expensive campaign on a social issue in U.S. history.
Attorneys on both sides have said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals then the Supreme Court if the high court justices agree to review it.
Anticipating such a scenario, lawyers for the coalition of religious and conservative groups that sponsored Proposition 8 in 2008 filed a legal brief Tuesday asking Walker to stay his decision if he overturns the ban so same-sex couples could not marry while an appeal was pending.
"Same-sex marriages would be licensed under a cloud of uncertainty, and should proponents succeed on appeal, any such marriages would be invalid," they wrote.
Walker presided over a 13-day trial earlier this year that was the first in federal court to examine if states can prohibit gays from getting married without violating the constitutional guarantee of equality.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
Opponents said that tradition or fears of harm to heterosexual unions were legally insufficient grounds to discriminate against gay couples.