Enrique Castro-Mendivil / Reuters
SAN FRANCISCO (CNN) -
A federal appeals court ruled against California's
voter-approved ban on same-sex marriage Tuesday, arguing the ban
unconstitutionally singles out gays and lesbians for discrimination.
In
a split decision, a three-judge panel of the 9th U.S. Circuit Court of
Appeals found the state's Proposition 8 "works a meaningful harm to gays
and lesbians" by denying their right to civil marriage in violation of
the 14th Amendment. Supporters of same-sex marriages cheered the
decision when it was announced outside the courthouse Tuesday morning.
"Happy Valentine's Day, California," one man in the crowd shouted when the decision was released.
The
2-1 decision is expected to be appealed, to either the full court or to
the U.S. Supreme Court, and a stay of the order remains in place as the
appeal process continues, the court noted.
"We do not doubt the
importance of the more general questions presented to us concerning the
rights of same-sex couples to marry, nor do we doubt that these
questions will likely be resolved in other states, and for the nation as
a whole, by other courts," Circuit Judges Stephen Reinhardt and Michael
Daly Hawkins wrote in the majority opinion.
"For now, it
suffices to conclude that the people of California may not, consistent
with the federal Constitution, add to their state constitution a
provision that has no more practical effect than to strip gays and
lesbians of the right to use the official designation that the state and
society give to committed relationships, thereby adversely affecting
the status and dignity of the members of a disfavored class."
In a
part-concurring, part-dissenting opinion, Circuit Judge N. Randy Smith
said he wasn't sure Proposition 8 "lacks a rational relationship to
legitimate state interests" in terms of raising children. Previous
rulings show an argument for "extreme judicial restraint" in such cases,
he wrote.
But same-sex marriage activist Billy Bradford said
Tuesday's ruling marks how Americans understand there's nothing wrong
with allowing a same-sex couple to get married.
"For me, it's a beautiful day," Bradford told CNN outside the courthouse. "But it's a great day for the Constitution."
Proposition
8, which passed in 2009 with 52% of the vote. California's Supreme
Court had allowed same-sex marriages in California before Proposition 8,
but its passage brought an end to the practice.
The Alliance
Defense Fund, a conservative Christian legal foundation that backed
Proposition 8, said it was not surprised that "this
Hollywood-orchestrated attack on marriage -- tried in San Francisco --
turned out this way." But it said it was confident the Supreme Court
would uphold "the expressed will of the American people."
"No
court should presume to redefine marriage. No court should undercut the
democratic process by taking the power to preserve marriage out of the
hands of the people," it said.
Opponents of same-sex marriage
point out that they have won referenda in every state where the issue
has been on the ballot. But a CNN-Opinion Research Corp. poll in
September found that public opinion has shifted nationwide since 2009,
with 53% now saying same-sex marriages should be recognized as valid and
46% opposed.
Tuesday's decision also rejected arguments by
supporters of the ban that now-retired federal judge Vaughn Walker --
who found Proposition 8 unconstitutional in 2010 -- should have stepped
aside and let another judge hear the case. Walker disclosed after his
retirement that he is gay and in a long-term relationship, leading
Proposition 8 advocates to argue he should not have heard the case.
Prior
to Walker's ruling, the California Supreme Court allowed Proposition 8
to stand, saying it represented the will of the people.
California
Attorney General Kamala Harris hailed Tuesday's decision as "a victory
for fairness, a victory for equality and a victory for justice," while
Gov. Jerry Brown called it "a powerful affirmation of the right of
same-sex couples to marry."
And Lt. Gov. Gavin Newsom, who had
allowed same-sex marriages when he was mayor of San Francisco, called it
"a historic milestone towards equality for all Americans."
"This
is the biggest step that the American judicial system has taken to end
the grievous discrimination against men and women in same-sex
relationships and should be highly praised," Newsom said in a written
statement.
CNN legal analyst Jeffrey Toobin said the decision
appears to be tailored narrowly to California and Proposition 8, rather
than finding a federal right for gay and lesbian couples to marry. But
that might be an advantage when the Supreme Court considers any appeal,
since the justices might decide against taking a case that has no impact
beyond California.
"This might well be the last word on the case," Toobin said.
Six
states currently grant same-sex marriage licenses -- New York,
Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. The
District of Columbia also does.
Five additional states recognize
civil unions, providing state-level spousal rights to same-sex couples.
They are Hawaii, Delaware, New Jersey, Illinois and Rhode Island.