The 9th Circuit Court in California struck down the state's voter-passed ban on gay marriage, ruling 2-1 that it violates the rights of gay Californians.
"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," Judge Reinhardt wrote in the decision. The Court concludes that the law violates the 14th Amendment rights of gay couples to equal protection under the law. Gay marriage will still not be allowed in the state, leaving time for Prop 8 defenders to challenge the decision.
The Circuit Court backed up District Judge Judge Vaughn Walker, who ruled in August of 2010 that the state of California has no "rational basis" to single out gay men and women as ineligible for marriage. The group fighting for Proposition 8, which passed in 2008 after thousands of gay couples had already married, appealed Walker's decision arguing that it should be vacated because Walker is gay and has a long-time same-sex partner.
Walker's 2010 decision was called a "grand slam" by gay rights advocates, who hope it will convince the Supreme Court to decide that states cannot outlaw gay marriage. But Reinhardt was explicit in his decision that the court's decision is "narrow" and only relates to California, not to the entire nation. The pro-Prop. 8 camp has said it will appeal the decision. The group can now ask that all 11 members of the 9th Circuit hear their case, instead of just the panel of three who decided against them on Tuesday.
Author: Liz Goodwin, The Lookout
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