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Indybay Feature
Fri Feb 10 2012
Prop 8 Ruled Unconstitutional
Fri Feb 10 2012
9th Circuit Rules that California's Same Sex Marriage Ban Violates 14th Amendment
California's Proposition 8 ban on same sex marriage was ruled unconstitutional by a three member panel of judges from the US Court of Appeals for the 9th Circuit. Judge Smith dissented. The panel majority stated that California voters violated the 14th Amendment of the Federal Constitution when voting for Prop 8.

D. Boyer wrote, "I was live on scene in front of the Federal Court when the decision was out. San Francisco is ground zero for same sex marriage, so folks are happy. Additionally the panel majority stated that California's Proposition 8 'served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California", and it officially would have reclassified their relationships and families as inferior to those of opposite sex couples.'"

The panel of judges also denied the motion by Prop 8 proponents to vacate the judgement by then Chief Judge Walker because he was also gay. San Francisco's City Attorney held a press conference inside San Francisco's City Hall to talk about the decision and what it means for Gay and Lesbian Californians. They stated that they are getting ready and changing marriage forms, but that until the stay is lifted same sex couples in California still cannot marry. They said it may take months before same sex marriage is allowed to resume in California.

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