SAN FRANCISCO ? A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.
The A.P. "wed" statement is a little misleading, at issue is whether or not states have the right to restrict marriage licenses based on the sex of the couple. The Judge felt California's Prop 8 was a civil rights violation, and struck the amendment down. The judge had this to say:
"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," the judge wrote in his 136-page ruling.
He also said proponents offered little evidence that they were motivated by anything other than animus toward gays ? beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.
"Proposition 8 played on the a fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual," Walker wrote.
Sound familiar? The ruling will be appealed to a federal court, (S.F. 9th circuit) after which it'll head to the Supreme Court. If the ruling holds, this will also likely strike down Florida's same sex marriage constitutional amendment. Something I would welcome.
Judge overturns Calif. gay marriage ban - Yahoo! News
