Gay marriage upheld in California

Plaintiffs Paul Katami (L) and his partner Jeff Zarrillo greet supporters during a rally to celebrate the ruling to overturn Proposition 8 Wednesday in California. Photo: AFP

California's ban on same-sex marriage has been overturned by a federal judge, the opening salvo in a high-stakes legal battle expected to take years to resolve.

In a written opinion, US District Court Judge Vaughn Walker ruled Wednesday in favor of activists who argued that a state referendum, which barred gays and lesbians from marrying, 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.

However, Walker wrote in a ruling Wednesday that Proposition 8 failed to "advance any rational basis" to deny gay men and lesbians a marriage license.

"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."

Opponents of same-sex marriage had vowed to appeal Walker's decision if it went against them.

Walker later issued a ruling granting a temporary stay of his order until today, allowing opponents of same-sex marriage time to file appeals - a move that appeared to prevent an immediate resumption of weddings between gays and lesbians in the most populous US state.

Legal experts believe the case is almost certain to eventually end up before the US Supreme Court once the appeals process has run its course, something likely to take years.

Gay-rights activists expressed delight at the decision but warned that they were bracing for further legal battles ahead.

"There are more legal challenges, debates and votes to come," said Lorri Jean, chief executive officer of the Los Angeles Gay & Lesbian Center.

A crowd of several hundred people celebrated the decision in Los Angeles' gay enclave of West Hollywood late Wednesday.

AFP