Judge strikes down Calif. gay marriage ban

SAN FRANCISCO, Aug. 4 (UPI) -- A federal judge Wednesday struck down California's voter-enacted ban on same-sex marriages, saying it was unconstitutional.

Before the ruling in San Francisco, both sides said they would appeal a loss. The case should eventually reach the U.S. Supreme Court.

The Los Angeles Times reported U.S. District Chief Judge Vaughn R. Walker said Proposition 8, voted into the California Constitution in November 2008, "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

He added that same-sex partners "seek to have the state recognize their committed relationships, and plaintiffs' relationships are consistent with the core of the history, tradition and practice of marriage in the United States."

The Times said the judge concluded Prop 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license ... (and) does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples."

Walker has stayed his order until Friday, the Times said. The stay gives Proposition 8 supporters an opportunity to appeal the ruling and try to have a longer stay issued, the newspaper said.

The stay may also result in putting off resumption of same-sex marriages in California. Government officials in Los Angeles County and West Hollywood said they were studying Walker's ruling before determining whether to resume marrying same-sex couples, the Times reported.

Austin R. Nimocks, senior legal counsel for the Alliance Defense Fund -- which argued on behalf of Proposition 8 in the court case -- said plaintiffs will appeal the ruling.

"We're obviously disappointed that the judge did not uphold the will of over 7 million Californians who made a decision in a free and fair democratic process," Nimocks said.

California Gov. Arnold Schwarzenegger called the ruling a "milestone … on America's road to equality and freedom for all people."

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," Schwarzenegger said.

The Times said 16 witnesses opposing Proposition 8 and two supporting it testified during a 2 1/2-week trial in January.

Voters approved the ban by 52.3 percent six months after the California Supreme Court ruled that laws prohibiting same-sex marriage violated the state constitution. The same state court later upheld Prop 8 as a valid amendment to the state constitution.

A gay couple in Southern California and a lesbian couple in Berkeley challenging the ban were represented by Ted Olson and David Boies, who argued on different sides in the U.S. Supreme Court's Bush vs. Gore in 2000.

Walker is an appointee of President George H.W. Bush.