A law defending traditional marriage, which was backed by a clear majority of citizens of California was struck down 
by a US District judge yesterday. It will now be appealed.
Proposition 8, which was passed in a referendum in 2008 on the same day as President Obama was elected, preserved the definition of marriage as the union of man and woman and quashed a Californian law permitting same-sex marriage. In 30 out of 30 states where a referendum has been fought over the definition of marriage, the pro-traditional marriage side has won.
The referendum was upheld in a ruling last year by the California Supreme Court, but this ruling was appealed to the US District Court, which is a US federal court.
Chief Judge Vaughn Walker, who presides over the U.S. District Court for the Northern District of California, declared Proposition 8 had no “rational basis” in a 138-page ruling on the Perry v. Schwarzenegger case released Wednesday afternoon.
Judge Walker, according to the San Francisco Chronicle [1], is himself an open homosexual.
Walker struck down the amendment, which states “Only marriage between a man and a woman is valid or recognised in California,” on the basis that it violated the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.
“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” ruled Walker. “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.”
Walker’s decision immediately prevents further enforcement by California officials of Proposition 8.
The challenge to Proposition 8 was filed by Ted Olson, a leading Republican lawyer, and David Boies a prominent Democratic lawyer, on behalf of a male homosexual couple and a lesbian couple, both denied marriage licenses.
The case is expected to be appealed to the U.S. Supreme Court.
Leading pro-marriage groups have condemned the decision. Brian Brown, the president of the National Organisation for Marriage (NOM), said the ruling “overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman”.
“This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman,” Brown added.
He said: “Never in the history of America has a federal judge ruled that there is a federal constitutional right to same-sex marriage. The reason for this is simple – there isn’t!”
Walker also ruled that domestic partnerships did not satisfy the duty on California to let same-sex couples marry each other.
Anticipating Walker’s ruling, pro-family advocates have already filed a motion with the 9th U.S. Circuit Court of Appeals to stay Walker’s decision from taking effect, until an appeal can be sorted out.