A district judge has made same sex marriage legal in California, after handing down a ruling under proposition 8, that states only marriage between man and women will be recognised.
US district judge Vaughn Walker ruled that the ban on same sex marriage violated equal protection rights under the US constitution.
Gay marriage had been legal in California in May 2008 after a decision made by the state’s Supreme Court; however this ruling was overturned and amended in 2008 by the passage of Proposition 8, referred to by many gay activitists as “Proposition Hate”.
Supporters burst into celebration outside the court in San Francisco, however little will change immediately. The ruling will be suspended until Proposition 8 backers have their case heard by the US court of appeal.
The final decision is expected to be made by the US Supreme Court.
Judge Walker dismissed arguments by proponents of Proposition 8, saying they failed “”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.”
Theodore Olson, the former US Solicitor General who made the closing arguments at the trial opposing Proposition 8 said: “”This is a victory for the American people. It’s a victory for our justice system,”
