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Thursday, August 04, 2011

Federal judge ruled same-sex marriage ban unconstitutional
Dwyer Arce at 12:00 AM ET

On August 4, 2010, a judge for the US District Court for the Northern District of California ruled that California's ban on same-sex marriage violated the US Constitution. Judge Vaughn Walker held that the ban, known as Proposition 8, violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. In finding that the ban violated due process, Walker held that same-sex marriage was required as part of the fundamental right to marriage affirmed by the Supreme Court. In addressing equal protection, the court found that Proposition 8 failed to have a rational basis for its enactment. Citing the Supreme Court case of Romer v. Evans, the court held that "moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a women is inherently better than a relationship between two men or two women, ... is not a proper basis on which to legislate." The ruling was appealed to the US Court of Appeals for the Ninth Circuit, which has yet to rule in the case.



Learn more about same-sex marriage from the JURIST news archive.




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