05
Aug
10

Proposition 8, California’s ban on gay marriage, overturned by judge

NEWS
Proposition 8, California’s ban on gay marriage, overturned by judge

Thursday, August 05, 2010

••• Actress Portia de Rossi and her TV talk show wife Ellen DeGeneres have joined the celebration in the U.S. after a judge overturned California’s gay marriage ban.

Geelong-born de Rossi and DeGeneres married legally in 2008, shortly before Californians voted for Proposition 8, which ended gay marriage in the state and sparked furious public debate and a legal challenge.

Two gay couples launched the federal lawsuit challenging Proposition 8, claiming it violated their civil rights and, in San Francisco on Wednesday, Chief U.S. District Judge Vaughn Walker ruled the voter-approved ban violated California’s constitution.
‘I am ecstatic that Proposition 8 has been overturned in the state of California. This is an incredibly exciting and historical day and a big step towards equal rights for all,’ de Rossi, the former star of U.S. TV series Ally McBeal and Arrested Development, wrote in a Tweet to fans.

DeGeneres wrote: ‘This just in: Equality won!’

Judge Vaughn’s ruling will not be the end of the debate or court battles, with the matter likely to be fought all the way to America’s highest court, the Supreme Court.

Gay couples would not immediately be allowed to marry in California.
Judge Vaughn temporarily stayed his order until Friday, giving Proposition 8 backers time to file appeals and seek a long-term stay.

Protect Marriage, a coalition of religious and conservative groups that sponsored the ban, confirmed it would appeal the ruling to the 9th U.S. Circuit Court of Appeals, which would likely be a preview to the final Supreme Court showdown.

In his ruling, Judge Vaughn wrote there was no rational basis for excluding gays and lesbians from marriage and Proposition 8 failed to ‘advance any rational basis in singling out gay men and lesbians for denial of a marriage license’.

‘The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples,’ Walker wrote.
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