Chief United States District Judge Vaughn Walker Rules California Gay Marriage Federally Unconstitutional, Defendants Plan Immediate Appeal, Stay Ruling Reserved

The California gay marriage ban, known as Proposition 8, has been overturned. Chief United States District Court Judge Vaughn Walker ruled that the Proposition 8 acts in violation of the constitutional rights of gays and lesbians to marry the partner of their choice. Walker wrote that the “Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection of the Fourteenth Amendment. 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.” He added that “Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.” Finally, Walker wrote that Proposition 8 “fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples ... because Proposition 8 prevents California from fulfilling its constitutional obligations to provide marriage on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

Tuesday, once California court officials announced that Chief United States District Judge Vaughn Walker were to release his ruling on the federal trial challenging the constitutional validity of Proposition 8, sponsors of the ballot amendment filed papers requesting that if Walker were to rule against them, he leave the ban on same sex marriage in the state in place until an appeal process is complete. Attorneys for the Proposition 8 proponents contend that any ruling against the gay marriage ban would be overturned on appeal and that a stay would honour the will of the votes and would not in any way harm same sex couples, who are still able to register as domestic partners.

Judge Walker has apparently reserved his ruling on that request, meaning that for the moment, no new marriage license can be issued by the state.

The case, certain to be appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco, will likely reach the United States Supreme Court in 2011 or 2012.