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Home KPFK News Latest Proposition 8 found unconstitutional

Update 8-12-10

Judge keeps gay marriage ruling on hold

U.S. District Judge Vaughn Walker who overturned California's same-sex marriage ban has just announced that same sex marriages will remain on hold until at least Aug. 18.

Walker blocked gay marriages from immediately resuming until he could consider arguments on whether to keep the ban in effect while its supporters took their appeal to the 9th U.S. Circuit Court of Appeals. If the appeals court fails to respond by 5pm on the 18th then same sex marriage will move forward.

Many same sex couples who lined up at city hall’s across California were dissapointed that they couldn’t be married today but most are hopeful they will be able to do so after August 18th

Last week, California Governor Arnold Schwarzenegger and Attorney General Jerry Brown filed motions, calling for the resumption of same-sex weddings.

Once again, Judge Vaughn Walker who overturned California's same-sex marriage ban has just announced that same sex marriages will remain on hold until at least Aug. 18.


A U.S. District Court judge has ruled that California's Proposition 8 ban on same-sex marriages is unconstitutional


Citing "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians," U.S. District Chief Judge Vaughn Walker issued his ruling in the landmark case, overturning a ban on same-sex marriage.

The judge concluded that Prop 8 "fails 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.

Attorneys on both sides have said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals then the Supreme Court if the high court justices agree to review it.
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