Proposition 8 has been ruled unconstitutional.
The U.S. Ninth Circuit Court of appeals found that Prop 8, a 2008 ballot measure that banned same-sex marriage in California, did indeed violate the U.S. Constitution.
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.
The 2-1 decision upheld the decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage. His ruling was overturned after he failed to disclose that he was in a long term same-sex relationship, prior to the trial.
ProtectMarriage, the architects of Prop 8, can and likely will appeal the decision to a larger panel of the Ninth Circuit, or go directly to the U.S. Supreme Court, where it is almost equally divided on the issue.