A Federal appeals panel in San Francisco ruled Tuesday that Proposition 8, California’s voter-approved ban on same-sex marriage, violates the Constitutional right to equal protection.
The law was approved by 52 percent of the State’s voters in 2008 and amended the State’s Constitution to limit marriage to a man and a woman. The new ruling upholds a 2010 decision by former Judge R. Vaughn Walker who found marriage to be a fundamental right protected by the Constitution. That ruling also said the proposition “fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
People in opposition of same sex marriage can appeal the decision made Tuesday to the full U.S. Court of Appeals for the 9th Circuit or take it directly to the Supreme Court, which has never ruled on the matter.