San Francisco federal judge, Judge Vaughn Walker, has overturned California's voter-approved gay marriage ban. The judges ruling declared that the ballot initiative outlawing gay unions in California violates the due process and equal protection clauses of the 14th Amendment to the Constitution and sets the stage for a likely Supreme Court challenge to determine the authority of the state to ban same-sex marriage.
Walker's decision marks the first federal test of a state law outlawing gay marriage. Gay-marriage opponents sought a stay on Walker's ruling, to prevent a decision against them from unleashing a wave of gay marriages in the state before they could mount an appeal. Prop. 8 backers say they plan to appeal the decision to the 9th U.S. Circuit Court of Appeals.
Judge Walker is set to rule on the stay this Friday or possibly early next week. Prop 8 proponents have planned a march from the Casto to City Hall this evening. There will not be any gay marriage licenses distributed in the state until the judge gives his order though.
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