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Same-sex marriage ban overturned in California

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(San Francisco)  A Federal Judge in Northern California, Justice Vaughn Walker, struck down the state's ban on same-sex marriage today, thus overruling the narrow passage of Proposition 8 that was voted on in November of 2008.

The voiding of Proposition 8 definitively removed the clause the measure had added to the California Constitution that said "only marriage between a man and a woman is valid or recognized in California."

Justice Walker's written opinion stated that Proposition 8 violated both the equal protection and due process clauses in the U.S. Constitution.

The justice also affirmed that, "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 continued on by stating that, "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."

Currently same-sex couples can only marry in five states: Vermont, Massachusetts, Connecticut, Iowa and New Hampshire.

Although the ruling helps same-sex marriage proponents in moving forward with their cause, the case is certain to end up in front of the United States Supreme Court.


Proposition 8 was narrowly passed in California with 52 percent of the vote in November of 2008.

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, LA County Independent Examiner

David Acker, a graduate of the University of Wisconsin-Milwaukee, holds degrees in journalism and political science. He has written for two newspapers, co-hosted a radio program and worked in TV news. He takes pride in accuracy and is known to be honest, blunt and poignant.

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