Federal judge overturns gay marriage ban in Calif.
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A person close to the case says a federal judge has overturned California's same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court.
Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.
A copy of the ruling had not yet been publicly released.
Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals then the Supreme Court if the high court justices agree to review it.
http://news.yahoo.com/s/ap/20100804/...VkZXJhbGp1ZGdl
And as the saying goes: As Cali goes so goes the rest of the nation.
Judge overturns California Ban on Gay Marriage
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A federal judge on Wednesday overturned a California ban on same-sex marriage, ruling that the Proposition 8 ballot initiative was unconstitutional.
The ruling by U.S. District Judge Vaugh Walker, one of three openly gay federal judges in the country, gave opponents of the controversial Proposition 8 ballot a major victory.
Gay couples waving rainbow and American flags outside the courthouse cheered, hugged and kissed as word of the ruling spread.
"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."
A lot of trends start in California and spread eastward. This might be one of them.
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Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume. That's because the judge said he wants to decide whether his order should be suspended while the proponents pursue their appeal in the 9th U.S. Circuit Court of Appeals. The judge ordered both sides to submit written arguments by Aug. 6 on the issue.
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Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
If it really was about responsible child rearing the divorce rate would not be so high.
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The judge found that the gay marriage ban violates the Constitution's due process and equal protection clauses.
"Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment," the judge ruled.
Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals, then the Supreme Court if the high court justices agree to review it.
And so it will continue in the courts. If it hits the US Supreme court and is ruled in favor of it then you will be sure to see gay marriage in every state. The US supreme court could always kick it back to the states and more than likely that's what will happen as the federal government has already said marriage is a state issue.
http://www.foxnews.com/politics/2010...-marriage-ban/