SAN FRANCISCO — A federal judge yesterday overturned California’s gay-marriage ban with a scathing ruling that could eventually force the US Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.
Federal Judge Vaughn Walker found that the voter-approved ban — titled Proposition 8 — violated the Constitution’s due-process and equal-protection clauses.
“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.
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.
Walker methodically rejected every argument posed by sponsors of the ban in response to a lawsuit filed by two gay couples who claimed it violated their civil rights.
Standing in front of eight American flags at a news conference, the two couples behind the case choked up as they related their feelings of validation.
“Our courts are supposed to protect our constitutional rights,” plaintiff Kris Perry said. “Today, they did.”
Protect Marriage, the coalition of religious and conservative groups that sponsored the ban, said it would immediately appeal the ruling to the 9th Circuit Court of Appeals.
Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.
Walker is unsure whether his order should be suspended while those who support the ban pursue their appeal.
He ordered both sides to submit written arguments by tomorrow on the issue.