California’s ban on same-sex marriage, Proposition 8, looks set to head for the US Supreme Court, following a ruling by the US Court of Appeals for the Ninth Circuit that declared Prop 8 unconstitutional. The Ninth Circuit decision upholds a ruling by US District Judge Vaughn Walker which found Prop 8  was unconstitutional as it denied gay men and women equal rights guaranteed by the US constitution.

Prop 8 was passed in November 2008 when 52.4 of voters voted to amend California’s constitution in order to only recognise marriages between a man and a woman. California’s Supreme Court ruled in favour of the amendment’s constitutionality; however this was overturned on appeal in the US District Court  in August last year – a verdict confirmed by last night’s unanimous decision from the three 9^th Circuit judges. Anti-gay marriage activists are now expected to appeal to the Supreme Court.

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Pro and anti gay commentators were rife on Twitter over the decision with comments ranging from Republican Presidential Candidate Newt Gingrich’s

‘Court of Appeals overturning CA’s Prop 8 another example of an out of control judiciary. Let’s end judicial supremacy’

To Ru Paul’s

‘Prop 8, sashay away,’.

OIP Staff, File Image