Court Strikes Down Ban on Gay Marriage in California
The three-judge panel issued its ruling in San Francisco, upholding a 2010 decision by Judge Vaughn R. Walker, who had been the chief judge of the Federal District Court of the Northern District of California but has since retired. The panel found that Proposition 8 — passed by a vote of 52 percent to 48 percent — violated the equal protection rights of two same-sex couples who brought the suit. The proposition placed a specific prohibition in the State Constitution against marriage between two people of the same sex.
But Tuesday’s 2-to-1 decision was much more narrowly framed than the sweeping ruling of Judge Walker, who asserted that barring same-sex couples from marrying was a violation of the equal protection and due process clauses of the Constitution.
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