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A federal appeals court ruled Tuesday that same-sex couples should be allowed to marry in California, scuttling a state law known as Proposition 8 and moving the case closer to an ultimate resolution by the U.S. Supreme Court. An appeal is expected, and some onlookers are estimating that the legal dispute could last two to three more years.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that Proposition 8 is unconstitutional and said a moratorium on same-sex marriages will remain in place while proponents of the ban consider their appeal.
The ruling says, "All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage,' which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."
Luis Grijalva, 32, and Tyler-Ryan Allen, 28, both of University Heights, were walking along University Avenue shortly after the decision was announced. They were not aware that it was due Tuesday, but were pleased to learn of it.
“It sounds like it’s getting on board with the rest of the country,” Allen said.
“This could be awesome for us,” he continued, gesturing toward Grijalva, “because this one proposed to me on Christmas and now maybe we don’t have to go somewhere else to do it.”
The outcome was largely expected by people on either side of the issue.
Hillcrest resident Eddie Reynoso, 31, flew to San Francisco so he could stand on the federal courthouse steps with dozens of other same-sex marriage supporters and wave an American flag as the ruling went public. He said there was cheering, singing and praying.
"It's reinvigorating," he said. "It's kind of like when you have something major like this come down it just reinforces that love is ultimately going to prevail."
In San Diego, Mayor Jerry Sanders' daughter, Lisa, who married her partner in Vermont in 2009, said she was excited about a ruling that shows the state is "moving in the right direction for full equality."
"This is pretty much what we were expecting but just because you expect something does not make it any more powerful when it happens," she said.
Proponents of having marriage be between only one man and one woman, meanwhile, are disappointed but optimistic about a different decision by the U.S. Supreme Court.
"This is but step two of a three-step process, and I'm pleased that it's finally going to get to step three so we can have a decision on this issue," said Chris Clark, pastor at East Clairemont Southern Baptist Church. "No single court should be able to redefine marriage for society. That should be left to the citizens of this society."
Rancho San Diego lawyer Charles LiMandri, an advocate for traditional marriage, criticized the judges for legislating from the bench and rebuffing the will of the people.
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Originally Posted by DanS
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