California Gay Marriage Ban Ruled Unlawful by Appeals Court

Feb. 7 (Bloomberg) -- California's voter-backed Proposition 8 law declaring marriage to be only between a man and a woman was ruled unconstitutional by a federal appeals court. The San Francisco-based court, ruling 2-1, today upheld the 2010 decision of a federal court judge who said the measure violated constitutional equal protection rights of same-sex couples. That ruling came in the first federal trial over whether it's legal to ban marriage by gays and lesbians. "The people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry," the U.S. Court of Appeals said in its ruling. Proponents and advocates of Proposition 8 had appealed the decision of U.S. District Judge Vaughn Walker in San Francisco. They argued that that the measure, which was approved by 52 percent of California voters in 2008 after the California Supreme Court legalized gay marriage, reflected the traditional definition of marriage and furthered the state's interests in "responsible procreation." The appeals court today kept in place its earlier order putting Walker's ruling on hold. Proposition 8 proponents said they will continue their court battle to uphold the measure and hope to win in the U.S. Supreme Court.