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A US federal judge has overturned the same-sex marriage ban in California.

Proposition 8, which was passed by 52% of voters in 2008, amended the California constitution to state that “only marriage between a man and a woman is valid or recognised in California.”

However Judge Vaughn Walker found Prop 8 unconstitutionally discriminated against same-sex couples who sought to wed, saying “moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians”.

He added: “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.

“Because California has no interest in discriminating against gay men and lesbians, and 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.”

California governor Arnold Schwarzenegger said he welcomed the judgement.

“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,” he said.

“At the same time, it provides an opportunity for all to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.”

Only Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington DC permit same-sex marriage in the US, with Maryland and New York recognising same-sex marriages from other states.

It is expected that Prop 8 supporters will appeal against Judge Walker’s ruling.

Posted in: Campaigns & Politics |