Federal Court Strikes Down Calif. Same-Sex Marriage Ban

Report Read time:
Federal Court Strikes Down Calif. Same-Sex Marriage Ban

A federal district court judge today struck down California's ban on gay marriage, ruling that the prohibition violates the U.S. Constitution. The decision, which is expected to be appealed, represents the first time a federal judge has ruled that the U.S. Constitution protects the right of same-sex couples to marry.

In his ruling, District Court Judge Vaughn Walker stated that gay and lesbian couples enjoy a fundamental right to marry. This right, according to Walker, is protected by both the Due Process and Equal Protection clauses of the Constitution's 14th Amendment.

The case, Perry v. Schwarzenegger, was prompted by the passage of Proposition 8, a 2008 California ballot initiative that amended the state constitution to prohibit same-sex marriage. In striking down that language, Walker said that it served no real purpose beyond discriminating against same-sex couples. “Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same sex couples,” he wrote, adding: “Because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.” 

Proposition 8 had survived an earlier challenge in state court. That case went all the way to the California Supreme Court, which, in May 2009, ruled that Proposition 8 was valid.

Read the full report, Federal Court Strikes Down Calif. Same-Sex Marriage Ban on the Pew Forum on Religion & Public Life Web site.

America’s Overdose Crisis
America’s Overdose Crisis

America’s Overdose Crisis

Sign up for our five-email course explaining the overdose crisis in America, the state of treatment access, and ways to improve care

Sign up
Quick View
America’s Overdose Crisis

America’s Overdose Crisis

Sign up for our five-email course explaining the overdose crisis in America, the state of treatment access, and ways to improve care

Sign up

MORE FROM PEW

An aerial view of a vast wetland, with scattered vegetation visible on sandy islands. In Western Australia, a Conservation Model for the World
A presentation being given by a businesswoman to a group of participants at a business conference. Four Plan Features Can Boost 'Retirement Readiness'
A large group of people in formal or traditional attire stands together on a stage, with a digital background depicting marine life and the large text “WTO Agreement on Fisheries Subsidies.” WTO Needs to Redouble Its Effort on Fishing Subsidies
A man in a winter hat and sunglasses kneels on a rocky shoreline in front of a campfire, holding a metal mug with gloved hands. Behind him, in the water, a motorboat is moored to the shore. Cliffs rise on both sides of the water. Why Newfoundland’s South Coast Fjords Are Sacred
Composite image of modern city network communication concept

Learn the Basics of Broadband from Our Limited Series

Sign up for our four-week email course on Broadband Basics
Quick View

How does broadband internet reach our homes, phones, and tablets? What kind of infrastructure connects us all together? What are the major barriers to broadband access for American communities?

Pills illustration
Pills illustration

What Is Antibiotic Resistance—and How Can We Fight It?

Sign up for our four-week email series The Race Against Resistance.
Quick View
Pills illustration

Antibiotic-resistant bacteria, also known as “superbugs,” are a major threat to modern medicine. But how does resistance work, and what can we do to slow the spread? Read personal stories, expert accounts, and more for the answers to those questions in our four-week email series: Slowing Superbugs.