Calif. Gay Marriage Ban Overturned

Law360, New York (August 4, 2010, 5:21 PM EDT) -- A federal judge has struck down California’s ban on same-sex marriage as unconstitutional, setting up an appeals process that attorneys said would likely end up in the U.S. Supreme Court.

Judge Vaughn Walker of the U.S. District Court for the Northern District of California delivered his decision Tuesday, enjoining the state from enforcing the statute and ruling that the law, a ballot initiative and constitutional amendment passed in 2008, violated the plaintiffs’ constitutional rights to due process and equal protection.

“The evidence shows Proposition 8 does...
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