A federal appeals court ruled that California's Proposition 8 defining marriage as the union of one man and one woman is unconstitutional. A three-judge panel from the 9th Circuit ruled that California's state constitutional amendment violates the 14th Amendment to the U.S. Constitution. The 2-1 decision is likely to be appealed directly to the U.S. Supreme Court.
"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," Stephen Reinhardt wrote for the majority. The opinion rejected arguments that the proposition advanced the state's interests in child-rearing, procreation, education, or religious freedom.
Judge Michael Daly Hawkins (appointed by President Clinton) agreed with Reinhardt's opinion.
Judge Randy Smith (appointed by President George W. Bush) dissented, at least in part, to the majority decision. ...1