Same-sex marriage ban overturned

A United States appeals court has struck down California's same-sex marriage ban, labeling it unconstitutional. The case is now likely to head to the US Supreme Court.

Opponents of the ban celebrated the decision as a victory, with one woman outside San Francisco City Hall saying it was a "validation for [my partner and I] as a couple."

The Ninth Circuit Court of Appeals upheld a lower court judge's ruling that an amendment to the California state constitution banning same-sex marriage violated principals of due process and equal protection under the law.

Supporters of the ban, known as Proposition 8, said they would appeal the ruling, while the Protect Marriage coalition that sponsored the ban called the judgment "out of step with every other federal appellate and Supreme Court decision."

The court ruled 2-1 in favor of the unconstitutionality of the ban, saying that Proposition 8 did not advance "responsible procreation," which was at the heart of the argument by the ban's supporters.

"Proposition 8 has no other purpose and effect than to lower the status and dignity of gays and lesbians in California," the three-member panel of judges said in San Francisco. "The Constitution simply does not allow for this type of legislation."

The judges did not rule on whether marriage was a fundamental right to be extended to same-sex couples as well as heterosexual couples.

Gay marriage was briefly legalized in California between May and November 2008, during which time some 18,000 gay couples officially tied the knot. Their marriages are still considered valid under state law, but are not recognized by the federal government.

Proposition 8 was adopted that November by a narrow 52-percent majority, explicitly defining marriage as a union between a man and a woman in California's constitution.

dfm/ai (AP, AFP, Reuters)