The ban on gay marriage known as Proposition 8 in California has been overturned

The ban on gay marriage known as Proposition 8 in California has been overturned, but is still in place until anti-gay groups appeal. Californians were allowed to marry for five months until November 2008, when Proposition 8 was publicly voted in with a majority of 52 per cent. Cathy Anderson reports.

But US District Chief Judge Vaughn Walker has ruled Proposition 8 violated the constitution by denying the GLBTI community equal rights. Opponents of Prop 8 argued it created two different classes of citizens while supporters said limiting marriage to hetero couples was in the public interest because it was essential to human survival.

However, gay couples may not legally marry straight away. Walker issued a temporary stay on the ruling while the appeals process continues.
California Governor Arnold Schwarzenegger welcomed Judge Walker’s decision to overturn Prop 8.

“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, said this decision affirms the full legal protections and safeguards I believe everyone deserves,” he said.

Portia de Rossi and Ellen DeGeneres are just one of many same-sex couples who took advantage of the marriage laws and exchanged vows in 2008. Although the legality of their union hangs in the balance, Portia has also recently decided to legally change her name to DeGeneres.