California Judge Voids Voter Approved Initiative to Ban Same-Sex Marriage

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A federal court in San Francisco on Wednesday overturned the state's voter-approved initiative that banned same-sex marriages, in a landmark case that could land before the U.S. Supreme Court to decide if gays have a constitutional right to marry.

"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," wrote Judge Walker in a 138- page ruling.

Lawyers for the defense, which was provided by Protectmarriage.com, argued that the court shouldn't overturn a law voted on by citizens.

While Judge Walker's verdict specifically reverses a line in the California state constitution that defines marriage as only between a man and a woman, the case could potentially re-write marriage laws and legal protections for gays and lesbians across the nation as it makes its way through appeal.

The 2008 ballot initiative, one of the most expensive non business-related initiatives in California's history, won support from 52% of voters. Prop. 8's passage followed a decision five months earlier by the state's Supreme Court allowing gay marriage. In a subsequent state court challenge to Prop. 8 last year, the California Supreme Court declined to invalidate a voter initiative, but affirmed the validity of some 18,000 same-sex marriages that occurred before Prop. 8 became law.