A US court decision quashing the result of a Californian referendum upholding the traditional definition of marriage has been condemned by pro-family groups.

The
referendum, called Proposition 8, took place in 2008 and was struck
down by the U.S. 9th Circuit Court in San Francisco on Tuesday, with the
measure being deemed unconstitutional.

Pro-family groups will
almost certainly appeal the court’s ruling to the U.S. Supreme Court
provided the court decides to hear it. No same-sex marriages are likely
to be carried out before the case is resolved.

The three-member
panel in the 9th Circuit Court ruled two to one that Prop. 8 violates
the U.S. Constitution. The court was hearing an appeal against a
previous decision of the US District Court which also found against
Prop. 8.

“Proposition 8 served no purpose, and had no effect,
other than to lessen the status and human dignity of gays and lesbians
in California,” the 9th Circuit Court decided in a 2-1 ruling.

Denouncing
the ruling, Brian Raum, senior counsel with the Alliance Defense Fund,
said the court undercut the democratic process “by taking the power to
preserve marriage out of the hands of the people.”

“No court
should presume to redefine marriage,” he stated. “Americans
overwhelmingly reject the idea of changing the definition of marriage.
Sixty-three million Americans in 31 state elections have voted on
marriage, and 63 percent voted to preserve marriage as the timeless,
universal, unique union between husband and wife.”

Brian Brown,
President of National Organisation for Marriage, sent an email to
supporters following the decision asking for funds to help support Prop 8
in the looming Supreme Court battle.

“A Supreme Court victory
would preserve the marriage laws of 44 states, denying same-sex marriage
radicals in their campaign to force gay marriage on the entire nation
in one fell swoop,” Brown said. “But if we lose at the Supreme Court,
marriage will be jeopardised not just in California, but in all 50
states.”

The California Supreme Court eliminated a ban on
same-sex marriage in May 2008. Prop. 8 was then instated as a ballot
initiative during the 2008 state elections. The measure sought to
maintain the definition of marriage as a union between “a man and a
woman.” More than 52 percent of Californians voted in favor of the
measure.

On Aug. 4, 2010, U.S. District Court Judge Vaughn Walker
ruled Prop. 8 was unconstitutional as it violated Due Process and Equal
Protection clauses of the 14th Amendment to the U.S. Constitution. The
case then moved to the 9th Circuit panel of three which announced its
agreement with Walker’s ruling on Tuesday.

The panel also said it
would refuse to consider any bias in Walker’s earlier decision because
he is a gay man in a committed relationship. Walker admitted he was in a
same-sex relationship after making the initial ruling.

Experts
believe the U.S. Supreme Court is likely split on the issue of same-sex
marriage and Prop 8. The panel’s ruling on Tuesday will only apply to
California, but a U.S. Supreme Court ruling may have a broader scope.