Federal Judge Declares Prop. 8 Ban on Same-sex Marriage Unconstitutional
August 4, 2010
(ChattahBox) – A federal judge in California has ruled Wednesday that Proposition 8—which legally defined marriage as between a man and a woman—violated the U.S. Constitution. Chief U.S. District Judge Vaughn Walker said Proposition 8, which was passed in 2008 with 52 percent of the vote, violated the 14th amendment, which calls for equal protection under the law, saying that it unfairly targets gay men and women. Walker wrote in his decision: “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.” The reversal, almost two years after voters approved the measure, is not guaranteed, as supporters of Proposition 8 have filed an appeal, in a legal battle that seems all but certain to be settled by the Supreme Court. Judge Walker ordered an injunction against enforcement of Prop. 8 but issued a temporary stay until he decides whether to suspend his ruling while it is being appealed. On a side note some Republicans have recently called for the repeal of the citizenship clause of the 14th Amendment, as a way to curb illegal immigration.