A federal judge in San Francisco ruled today that Prop 8 is unconstitutional, overturning the ban against same-sex marriage that California voters approved in the 2008 election year.
Both sides of the case have stated that they plan to appeal the decision regardless of Judge Vaughn Walker's opinion. Conservatives have requested a stay be placed on Judge Walker's decision should he decide that Prop 8 is unconstitutional. If the stay is granted, same-sex marriages will not resume in California immediately and will remain illegal in California until the appeals process is completed. There is no word yet as to whether or not the stay have been approved by the federal court.
The court case is expected to make it to the United States Supreme Court as neither side is likely to cease filing appeals. California's same-sex marriage ban was one of many to pass in the 2008 election year, but is the first to be overturned by a federal judge from that election period
Unless the stay is granted, same-sex marriages should resume in California shortly. There is no word as to whether or not marriages granted in 2004 under Gavin Newsom's Winter of Love and in 2008 after the San Francisco court's decision will remain valid.
You can read Judge Walker's opinion at the court's website.
Image via essygie's Flickr