By Gerald Helguero: Subscribe to Gerald's RSS feed
August 4, 2010 10:43 PM EDT
A U.S. federal judge on Wednesday struck California's voter-approved ban on same-sex marriage ruling it unconstitutional, but both proponents and opponents expect an appeals process that could lead to a Supreme Court decision.
Chief U.S. District Court judge Vaughn Walker in San Francisco ruled that Proposition 8, which passed in November of 2008 to alter California's constitution, violated the U.S. Constitution's 14th Amendment's equal protection and due process clauses.
The California law effectively defined marriage as a union between a man and a woman.
"Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
Vaughn stayed new same-sex marriages until August 6. Advocates on both sides of the issue had vowed to appeal if the ruling had gone against them. An immediate appeal would be made to the Ninth Circuit court of appeals.
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Rea Carey, executive Director of the National Gay and Lesbian Task Force said in a statement after the decision that the "tide is turning nationwide" for same-sex marriage.
"Today's ruling is just a beginning step in what will likely be a long process, yet we are confident that fairness will prevail," she said.
More states could lose their bans if the ruling is sustained, one supporter of the ban said.
"This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' overturning the marriage laws of 45 states," said Tony Perkins, president of the Family Research Council.
He said the "far Left" was "using liberal courts to obtain a political goal they cannot obtain at the ballot box."
The case came to the court after suit filed against by a pair of same sex couples who were denied a marriage license.
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