Standing Up: Gay marriage supporters demonstrate in Monterey before the November 2008 election.

Standing Up: Gay marriage supporters demonstrate in Monterey before the November 2008 election. Nic Coury

Prop. 8 Divorce

Judge overturns California's gay marriage ban.

A federal judge has declared California's gay marriage ban, Proposition 8, "unconstitutional under both the due process and equal protection clauses."

In a 136-page ruling, U.S. District Judge Vaughn Walker concludes, "Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

Attorneys arguing in favor of Prop. 8 are appealing to the 9th Circuit Court. In the meantime, they've filed a motion to stay Judge Walker's ruling.

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