Gay marriage ban in California struck down

California Attorney General Kamala D Harris on Tuesday applauded a decision by the Ninth Circuit United States Court of Appeals that called to affirm the reinstatement of the right of same-sex couples to marry in California.

"Tuesday's ruling is a victory for fairness, a victory for equality and a victory for justice," said Attorney General Harris. "Proposition 8 denied to gay and lesbian couples the equal protection to which all Americans are entitled. By striking this unconstitutional law from our books, the court has restored dignity, equality and respect to all Californians."

In 2008, the California Supreme Court ruled that state laws restricting the right of same-sex couples to marry violated the state constitution. Later that year, the voters approved Proposition 8, which amended the state constitution to provide that "only marriage between a man and a woman is valid or recognised in California."

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The California Supreme Court upheld this law against a challenge under the state constitution, but did not consider any challenge on federal constitutional grounds. Perry Schwarzenegger verses Jerry Brown raised federal constitutional challenges of equal protection and due process that were not considered by the state Supreme Court. After a full trial on the merits, district court Judge Vaughn Walker concluded that Proposition 8 violated these principles of due process and equal protection. His decision to enjoin enforcement of Proposition 8 was issued in 2011.

Tuesday's verdict from the Ninth Circuit upholds that decision.

"It is a good victory for us," said Harsha Mallajosyula, advocacy director of Trikone, a San Francisco-based non-profit organisation for lesbian, gay, bisexual and transgender people of South Asian descent told rediff.com.

Mallajosyula added that the Ninth Circuit agreed to strike down Proposition 8 as unconstitutional but the ban against same-sex marriage will remain in effect, as the case is appealed to the Supreme Court of the United States.

In 2010, former US District Court Judge Vaughn Walker ruled that Proposition 8 was illegal under the US Constitution, which guarantees equal protection under the law. The proponents of Proposition 8 will appeal this case to the Supreme Court. "Now it is up to the supreme court to decide whether to take the case on or not," said Mallajosyula, the backers of proposition has not given up. "It's a long journey," said Mallajosyula.

Trikone views the decision by the Ninth Circuit as a step in the right direction towards marriage equality. Incepted with just 10 members in 1986 Trikone today has 700 members in the San Francisco Bay Area.

Many American states -- New York, Connecticut, Massachusetts, Iowa, New Hampshire and Vermont and also Washington DC consider same sex marriage as legal and many California residents have moved out of state to marry, but Mallajosyula believes that it is a matter of equality. "We should get married in our home and state, that is our basic rights." He added also there are issues as many states do not allow residents of other state to marry in their state. So the options are very limited.