http://tpmmuckraker.talkingpointsmemo.com/2012/02/ninth_circuit_rules_prop_8_is_unconstitutional.phpA federal appeals court in California has upheld a lower court’s ruling that Proposition 8, the state’s ban on gay marriage, is unconstitutional.
In a 2-1 decision, a three-judge panel of the Ninth Circuit announced its long-awaited ruling on Tuesday.
Proposition 8 was a 2008 ballot measure, approved by voters, that amended the state constitution to ban same-sex couples in California from getting married.
In 2010, U.S. District Court Judge Vaughn Walker, presiding over a challenge to the law by two gay couples and the American Foundation for Equal Rights, ruled that the law was unconstitutional. Walker wrote that “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”