California gay marriage. A federal judge on Wednesday overturned a California ban on same-sex marriage, ruling that the Proposition 8 ballot initiative was unconstitutional.
The ruling by U.S. District Judge Vaugh Walker, one of three openly gay federal judges in the country, gave opponents of the controversial Proposition 8 ballot a major victory.
It was also a victory for former U.S. Solicitor General Theodore B. Olson and attorney David Boies, who represented opposing sides in 2000 Bush v. Gore presidential election challenge and filed the lawsuit last year in federal court on behalf of two gay men and two gay women who claimed the voter-approved ban violated their civil rights.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.
Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals, then the Supreme Court if the high court justices agree to review it.
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.
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