Prop 8, California's Same-Sex Marriage Ban, Declared

A federal appeals court on Tuesday declared California's same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for a likely appeal to the U.S. Supreme Court.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 – a response to an earlier state court decision that legalized gay marriage – was a violation of the civil rights of gays and lesbians.

However, the appeals court said gay marriages cannot resume in the state until the deadline passes for Proposition 8 sponsors to appeal to a larger panel of the 9th Circuit. If such an appeal is filed, gay marriages will remain on hold until it's resolved.

"Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling states.

Backers of Proposition 8 said they would ask the Supreme Court to overturn the 9th Circuit ruling.

"No court should presume to redefine marriage. No court should undercut the democratic process by taking the power to preserve marriage out of the hands of the people," said Brian Raum, senior counsel for the Alliance Defense Fund, a Christian legal aid group based in Arizona that helped defend Proposition 8.

"We are not surprised that this Hollywood-orchestrated attack on marriage – tried in San Francisco – turned out this way. But we are confident that the expressed will of the American people in favor of marriage will be upheld at the Supreme Court," he said.

American Foundation for Equal Rights President Chad Griffin, who formed the group along with director Rob Reiner to wage the court fight against Proposition 8, called the panel's ruling "a historic victory."

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Prop 8, California's Same-Sex Marriage Ban, Declared