National Catholic Reporter

The Independent News Source

Federal judge overturns California same sex marriage ban

 |  NCR Today

The San Jose Mercury News is reporting that a federal judge in San Francisco today struck down California's ban on same-sex marriage, saying it violates the U.S. Constitution.

The news comes seven months after the trial was held in January and nearly two years after the controversial measure, known as Proposition 8, was backed by voters in November 2008.

From the Mercury News' report:


In a 136-page ruling, Chief U.S. District Judge Vaughn Walker sided with two same-sex couples who challenged voter-approved Proposition 8, which embedded a ban on gay marriage in the California constitution and wiped out a prior California Supreme Court ruling that briefly legalized same-sex nuptials across the state. Walker ordered that Proposition 8 should be immediately voided, and same-sex couples be given the chance marry across California.

"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians," the judge wrote. "The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite sex couples.

rectangular-logo.jpgVisit our new website, Global Sisters Report!

Prop. 8 defenders have already vowed to ask an appeals court to immediately stay Walker's order.

With demonstrations and vigils at the ready in San Francisco and elsewhere, the judge based his decision on an unprecedented trial held in January, a crucial turn in the first federal court test in the nation of a state law forbidding same-sex marriage. Walker's decision is expected to be appealed swiftly to the 9th U.S. Circuit Court of Appeals, and defenders of Prop. 8 moved even before the ruling to seek a stay that would preserve the status quo to prevent gay and lesbian couples from marrying while the legal battle continues to unfold.

More reporting on same-sex marriage on the NCR website:

NCR Comment code: (Comments can be found below)

Before you can post a comment, you must verify your email address at Disqus.com/verify.
Comments from unverified email addresses will be deleted.

  • Be respectful. Do not attack the writer. Take on the idea, not the messenger.
  • Don't use obscene, profane or vulgar language.
  • Stay on point. Comments that stray from the original idea will be deleted. NCR reserves the right to close comment threads when discussions are no longer productive.

We are not able to monitor every comment that comes through. If you see something objectionable, please click the "Report abuse" button. Once a comment has been flagged, an NCR staff member will investigate.

For more detailed guidelines, visit our User Guidelines page.

For help on how to post a comment, visit our reference page.

 

Feature-flag_GSR_start-reading.jpg

NCR Email Alerts

 

In This Issue

September 12-25, 2014

09-12-2014.jpg

Not all of our content is online. Subscribe to receive all the news and features you won't find anywhere else.