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Appeal lodged after California gay marriage ban overturned
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Appeal lodged after California gay marriage ban overturned
AFP - Friday, August 6
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Appeal lodged after California gay marriage ban overturned
LOS ANGELES (AFP) - – Opponents of same-sex marriage formally challenged on Thursday a decision to overturn California's ban on gay weddings, launching an appeals process expected to end up before the US Supreme Court.
US District Court Judge Vaughn Walker ruled Wednesday in favor of activists who argued that a state referendum which barred gays and lesbians from tying the knot was discriminatory and therefore violated the US Constitution.
The referendum, known as Proposition 8, was passed by a 52 percent majority in November 2008, only six months after California's Supreme Court overturned a previous ban on same-sex weddings, sending gays and lesbians flocking to marry.
Socially conservative opponents of same-sex weddings reacted furiously to the decision, accusing Walker -- who is gay -- of allowing his sexual orientation to influence his ruling.
Randy Thomasson of the Campaign for Children and Families (SaveCalifornia.com) described the decision as a "terrible blow" to voter rights.
"Judge Walker has ignored the written words of the Constitution, which he swore to support and defend and be impartially faithful to, and has instead imposed his own homosexual agenda upon the voters, the parents and the children of California," Thomasson said.
The president of the American Family Association, Tim Wildmon, meanwhile accused Walker of a "tyrannical, abusive and utterly unconstitutional display of judicial arrogance."
Legal experts believe the case is almost certain to end up before the US Supreme Court in around two years time, once appeals hearings in lower courts have run their course.
In his opinion released on Wednesday, Walker ruled that Proposition 8 failed to "advance any rational basis" to deny gay men and lesbians marriage licenses.
"Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples," Walker wrote.
"Because California has no interest in discriminating against gay men and lesbians and because Proposition 8 prevents California from fulfilling its constitutional obligations to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."
Walker later issued a ruling granting a temporary stay of his order until Friday, allowing opponents of same-sex marriage time to file their appeals, a move that appeared to prevent an immediate resumption of weddings between gays and lesbians in the most populous US state.
Walker is expected to decide whether same-sex weddings can resume in California by Friday.
A crowd of several hundred people celebrated Walker's decision in Los Angeles' gay enclave of West Hollywood late Wednesday.
Hollywood director Rob Reiner, one of the prominent celebrity supporters of gay marriage, said the issue had built an unstoppable momentum.
"When we make it to the Supreme Court, and we win, this will take its place alongside Brown vs The Board of Education," Reiner told AFP, referring to the famous Supreme Court decision that desegregated American public schools.
"The tide is shifting in this country."
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