California Gay Marriage Ban Unconstitutional; New Marriages on Hold
Judge Walker's opinion states that Proposition 8 failed to advance any rational basis to support a ban on gay marriage, and merely enshrined the idea that heterosexual marriages are superior to gay marriages -- something legally impermissible under the U.S. Constitution's guarantees of equal protection and due process. Supporters of Proposition 8 have already vowed to appeal.
Judge Walker's ruling contained an injunction against Proposition 8, a move that would block enforcement of the law. However, the judge also issued a temporary stay of the injunction while he decides whether to suspend his ruling during the appeal process. Gay marriages cannot resume in California until the judge's stay is lifted.