Proposition 8 was overturned Wednesday by a federal judge, lifting the ban on same-sex marriage in California.
Judge Vaughn Walker, chief of the District Court of Northern California, directed an immediate reversal of what is known as Prop 8, which outlawed same-sex unions by establishing that marriage is between one man and one woman. Proposition 8 was a ballot initiative passed in November 2008 by 52 percent of California voters.
On May 22, 2009, plaintiffs filed a suit against the state of California, asking for Prop 8 to be overturned.
Two same-sex couples, Kristin Perry and Sandra Stier, and Jeffrey Zarrillo and Paul Katami, challenged under the 14th Amendment’s Due Process Clause. The clause says no “state [shall] deprive any person of life, liberty, or property, without due process of law.”
Walker, in a 136-page brief, declared that “plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights.” He further stated that gay and lesbian individuals would continue to be violated until Proposition 8’s repeal.
ProtectMarriage.com filed an appeal to the decision with the U.S. Court of Appeals for the Ninth Circuit on August 4.