Proposition 8 struck down ... again

A federal appeals courts has overturned California's controversial Proposition 8 - the referendum that banned gay marriage in the state.

The court upheld a 2010 federal court decision that Proposition 8 violated constitutional equal rights protections for same sex couples, the Washington Post reports.

“The people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry,” the judgement said.

Professor Suzanne B. Goldberg of the Columbia Law School welcomed the decision, saying the state of California had no right to have different marriage rules for same- and different-sex couples when it treats those couples identically in all other ways.

“The bottom line is that Proposition 8’s marriage rights repeal had no purpose other than to injure gay couples’ status and dignity,” Goldberg said.

“As the court found, this targeted removal of rights defies decades of equality jurisprudence that bars states from legislating based on hostility.”

Same-sex couples will still be unable to marry in California, however, as the court has kept in place the stay on the original ruling so Proposition 8 supporters can appeal the new decision.

Brian Raum, an attorney for Proposition 8 supporters said the ruling was a "Hollywood orchestrated attack on marriage" and was glad the issue was now going to the Supreme Court.

California Attorney General Kamala Harris said, “Today’s ruling [overturning Proposition 8] is a victory for fairness, a victory for equality and a victory for justice.”

California Governor Jerry Brown also welcomed the court's decision.

“The court has rendered a powerful affirmation of the right of same-sex couples to marry,” Brown said in a statement.

“I applaud the wisdom and courage of this decision.”