Judge overturns Calif. gay marriage ban

SAN FRANCISCO — A federal judge overturned California's gay marriage ban Wednesday with an unequivocal ruling that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

Chief U.S. District Judge Vaughn Walker's strongly worded opinion in the landmark case — the first in a federal court to examine if states can lawfully limit marriage to a man and a woman — touched off a celebration outside the courthouse. Later in the day, a jubilant crowd marched through the city that has long been a haven for gays.

The ruling met immediate criticism from Mormon and Catholic church leaders and cheers from gay-rights advocates.

As word of the verdict spread, about 300 people assembled in a West Hollywood park waving rainbow gay pride flags. In New York City, a crowd of about 150 gathered outside a lower Manhattan courthouse. They carried signs saying "Our Love Wins" as organizers read portions of the 136-page decision aloud.

"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples," Walker wrote.

The judge added in the conclusion of the 136-page opinion: "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

His ruling came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians. The landmark case is expected to be appealed and could eventually reach the U.S. Supreme Court.

Outside the federal courthouse in San Francisco, a cheer went up among a group of about 70 same-sex marriage supporters carrying small U.S. flags, as a large rainbow-striped flag — the symbol of the gay rights movement — waved overhead.

Ruling on hold
Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.

Walker said he would consider while Protect Marriage pursues its appeal suspending an order requiring the state to cease enforcing Proposition 8. He ordered both sides to submit written arguments by Friday on the issue.

"In America, we should uphold and respect the right of people to make policy changes through the democratic process, especially changes that do nothing more than uphold the definition of marriage that has existed since the founding of this country and beyond," said Jim Campbell, a lawyer on the defense team.

Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.

"Proposition 8 singles out gays and lesbians and legitimates their unequal treatment," Walker wrote.

"Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents."

Standing in front of eight American flags at a news conference, the two couples behind the case beamed and choked up as they related their feelings of validation.

"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."

"We are not here to change the world. Equality is something our country has always been about," said co-plaintiff Jeff Zarrillo, who is seeking the right to marry his partner of nine years, Paul Katami. "Today's decision brings Paul and I and so many others like us closer to that equality, too."

Ruling reactions

Praise:

California Gov. Arnold Schwarzenegger:"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity."

California Attorney GeneralJerry Brown:"In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it. Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest."

House Speaker Nancy Pelosi, D-Calif.: "We must continue to fight against discriminatory marriage amendments and work toward the day when all American families are treated equally."

Sen. Dianne Feinstein, D-Calif.:  Anticipating a Supreme Court hearing, "The journey is not over, but today is a day to celebrate this historic victory for equal marriage rights."

San Francisco Mayor Gavin Newsom: "Today's decision is a victory for the fundamental American idea enshrined in our Constitution that separate is not equal and that all people deserve equal rights and treatment under the law. It is a victory for the thousands of California couples, their families and friends whose lives and loving, committed relationships have once again been affirmed in the eyes of the law."

Attorney Gloria Allred: "This may be a temporary victory but it's sweet. I hope that no stay will be granted because I know what it means to gay and lesbian couples who wish to marry and I agree that they suffer irreparable harm for every day they are denied the right to marry."

The White House: "The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans."