PHOENIX – Supporters of a gay marriage ban in California have already filed an appeal after a federal judge overturned that ban on Wednesday.
In a 136-page opinion, the judge rejected every premise of Proposition 8 saying the voter-approved law is unconstitutional, discriminatory, and has no rational basis.
The judge writes that, "moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians and that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples."
The case will likely now head to the federal appeals court then to the United States Supreme Court.
The fate of Arizona's ban on gay marriage also hangs in the balance. Supporters of same-sex marriage hosted a rally and a march to the federal courthouse Wednesday night. They say the judge’s decision is the beginning of the end of discrimination.
Those on the other side say the judge's decision is a “dangerous ruling.”
Members of Arizona's Lesbian, Gay, Bisexual and Transgender community went out to celebrate the California judge’s ruling that halts that state's ban on gay marriage.
Meg Sneed tells 3TV, “Not only did a lot of people from Arizona go out to California to get married, so it's very personal, but also it was a federal court and we do feel it will go to the Supreme Court and it will be a decision that affects Arizona.”
Opponents of Prop 8 marched victoriously to the federal courthouse in downtown Phoenix as lawyers on the other side of the issue readied for their next step.
Jim Campbell is an attorney with the Alliance Defense Fund in Scottsdale, a group that counts among their missions to preserve marriage and the family. Campbell is working first-hand to appeal Wednesday’s decision.
He says, “This decision could have a real impact in Arizona and the reason is simple: The judges rationalization is that marriage can no longer stand under the Constitution and Arizona. Voters have defined marriage as between a man and woman so the ramifications could bleed over into this state.”
Campbell also says the fact that a judge overturned the voters’ decision jeopardizes the democratic process but one same-sex-couple sees it differently.
Jordan Currier says, “The voters had a right to vote for that proposition but the legal system is in place and we have a right to challenge it as much as we want, and the legality of the law was called into question and there was a victory for us.”
Attorneys believe that if the case goes to the Supreme Court we will not know the outcome on same-sex marriage for 2 to 3 years.
