A Federal Judge in California struck down the state’s ban on same-sex marriage, ruling that voter-approved amendment, Proposition 8, violates the U.S. Constitution. This gave supporters of gay rights a major victory in a case that both sides say is sure to end up in the U.S. Supreme Court.
Chief U.S. District Judge Vaughn Walker in San Francisco, Walker said he was ordering the state to cease enforcing the 22-month-old ban. He agreed to suspend the order until he could review the submitted briefs.
California Gov. Arnold Schwarzenegger, who vetoed legislation twice, has surprised gay rights supporters by urging a federal judge to allow gay couples to resume marrying in the state without further delay.
Lawyers for Schwarzenegger, Attorney General Jerry Brown, two gay couples and the city of San Francisco filed legal motions Friday asking Chief U.S. District Court Judge Vaughn Walker to implement his ruling striking California’s voter-approved same-sex marriage ban as unconstitutional.
“The Administration believes the public interest is best served by permitting the court’s judgment to go into effect, thereby restoring the right of same-sex couples to marry in California,” the Republican governor’s lawyers said on his behalf. “Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.”
Supporters and opponents of same-sex marriage watch the high-profile case closely. If Proposition 8 goes to the U.S. Supreme Court the case could result in a landmark decision on whether people are allowed to marry individuals of the same sex. At stake in the trial is 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.