The ongoing Californian gay and lesbian civil rights battle took a monumental leap in favor of same-sex couples on February 7, when a federal appeals court ruled that California's ban on gay marriages was unconstitutional.
On November 4, 2008, the California Constitution amendment known as Proposition 8 was passed with 52 percent of the popular vote. A federal lawsuit was filed to overturn the amendment the following year, and in 2010, the legal battle over the decision began.
After a series of hearings, the appeals court ruled in a two-to-one decision on Tuesday that Prop. 8 violated the constitutional rights of gays and lesbians in the Golden State.
"Prop. 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," Judge Stephen Reinhardt wrote in the ruling on behalf of the court's majority opinion.
The ban is still in effect, as there is a two-week minimum window before a ruling can go into place, but an anticipated appeal by Prop. 8 supporters could prevent same-sex nuptials for at least a few more years if the case goes to the U.S. Supreme Court.
Prop. 8 campaign committee lawyer Andy Pugno said that he and other supporters will appeal Tuesday's ruling, claiming that it heeds no attention to the many Californians that believe marriage should only be between a man and a woman.
If the ruling against Prop. 8 is upheld, gay and lesbian couples living in California may soon need to address issues such as signing prenuptial agreements and divorce papers, which in turn will open up a whole new set of complicated issues for family lawyers in the state.
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