Equality finally prevails in California!
(CNN) — A federal judge in California on Wednesday knocked down the state’s ban on same-sex marriage, ruling that voter-approved Proposition 8 violates the U.S. Constitution — handing supporters of gay rights a major victory in a case that almost all sides say is sure to wind up before the U.S. Supreme Court.
The 136-page opinion, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy fight over California’s Proposition 8, which defines marriage as a union between a man and a woman.
At stake in the trial was whether California’s ban on same-sex marriage violates gay couples’ rights to equal protection and due process, as protected by the U.S. Constitution.
The high-profile case is being watched closely by both supporters and opponents of same-sex marriage, as many say it is destined to make its way to the U.S. Supreme Court. If it does, the case could result in a landmark decision on whether people in the United States are allowed to marry people of the same sex.
“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,” Walker wrote in his opinion.
“Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre,” he added. “Gender no longer forms an essential part of marriage; marriage under law is a union of equals.”
In a separate order, Walker also granted supporters of Proposition 8 a temporary stay, which stops his decision from taking immediate effect. They had argued, prior to his ruling, that same-sex marriages would be performed soon after his decision and could be complicated by rulings and appeals further down the legal road.
Supporters of same-sex marriage who had gathered outside the federal courthouse in San Francisco erupted in celebration upon hearing news of the judge’s opinion. They waved multi-colored and U.S. flags, and carried signs that read: “We all deserve the freedom to marry.”
“This is what American justice is all about — when a judge, an independent judge, tries hard to listen to all of the evidence, analyzes the issues, and comes to a conclusion and vindicates the rights of a minority of our citizens to be treated with decency and respect and equality in our system,” said Theodore Olson, one of the two main attorneys for the plaintiffs.
Kristin Perry and Sandy Stier, along with Jeffrey Zarrillo and Paul Katami, are the two couples at the heart of the case, which if appealed would go next to the 9th U.S. Circuit Court of Appeals before possibly heading to the U.S. Supreme Court.
Opponents of same-sex marriage have said their best bet lies with the higher courts, and vowed to appeal the federal judge’s ruling.
Proposition 8 is part of a long line of seesaw rulings, court cases, debates and protests in California over the controversial issue of same-sex marriage. It passed with some 52 percent of the vote in November 2008.
“Big surprise! We expected nothing different from Judge Vaughn Walker, after the biased way he conducted this trial,” said Brian Brown, president of the National Organization for Marriage. “With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman.”



