The California Gay Marriage ban was overturned by a federal judge on August 4, 2010. Proposition 8, which outlawed same-sex marriage, had been in effect since November 4, 2008, when it was voted into law by California voters.http://www.businessweek.com/news/2010-08-04/same-sex-marriage-ban-overturned-in-california-trial.html However, in his court ruling, Chief U.S. District Judge Vaughn Walker stated that the law was unconstitutional, saying "Because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."http://www.newsweek.com/blogs/the-gaggle/2010/08/04/ban-on-same-sex-marriage-thrown-out-in-california.html
Supporters of Proposition 8 have the right to appeal the judge's decision. Another hearing will be held on August 6 to determine if the court's ruling will be extended as the appeal is made. Eventually, the case may go before the United States Supreme Court.http://www.businessweek.com/news/2010-08-04/same-sex-marriage-ban-overturned-in-california-trial.html
Judge Vaughn Walker, the U.S. District Court Judge who struck down California's ban on same sex marriages, has ordered that the stay he issued will not be lifted until Wednesday August 18 in order to give opponents of gay marriage time to file an appeal to delay the reinstatement of same sex marriage.http://www.usatoday.com/news/nation/2010-08-12-gay-marriage-california_N.htm
Background
On May 26, 2009, the California Supreme Court upheld the state's ban on gay marriage. The decision upholds California's Proposition 8, which changed the state's constitution to ban legalized same-sex marriages. The state's high court did rule that the nearly 18,000 gay couples who married prior to Prop 8's passage would be recognized as legal.http://www.latimes.com/news/local/la-me-prop8-decision27-2009may27,0,6677891.story The Prop 8 ballot initiative was originally approved by a majority of California voters on November 4, 2008.http://abcnews.go.com/TheLaw/story?id=6124148&page=1
In a 4-3 ruling, the California Supreme Court overturned the state's same-sex marriage ban on May 15, 2008. The high court said the "right to form a family relationship" applied to all Californians, regardless of sexuality.http://www.nytimes.com/2008/05/16/us/15cnd-marriage.html?em&ex=1210996800&en=5d922aa6fa2307e3&ei=5087%0 The ruling came after the court heard a case in March of 2008, asking whether gay people had a constitutional right to get married.http://www.nytimes.com/2008/05/16/us/15cnd-marriage.html?em&ex=1210996800&en=5d922aa6fa2307e3&ei=5087%0
Prior to the May ruling, gay marriage was banned in California but a domestic partnership law gave gay and lesbian couples almost the same legal rights as people in heterosexual marriages.http://www.nytimes.com/2008/05/16/us/15cnd-marriage.html?em&ex=1210996800&en=5d922aa6fa2307e3&ei=5087%0
Ballot Amendment
After collecting over one million signatures, a ballot amendment was approved for the general election on November 4, 2008. Added to the ballot was the proposal for an amendment to the state constitution, Proposition 8, effectively banning same-sex marriages and defining marriage as between one man and one woman.http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/06/02/BAMJ1125FV.DTL&type=politics
The May 2008 Ruling
"In view of the substance and significance of the fundamental constitutional right to form a family relationship. The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples." - Ronald M. George, Chief Justice of the California Supreme Courthttp://www.nytimes.com/2008/05/16/us/15cnd-marriage.html?em&ex=1210996800&en=5d922aa6fa2307e3&ei=5087%0
Proposition 8 Debate
In 2008, Proposition 8 was added to the voter ballot. The measure proposed placing a statewide ban against gay marriage in California. Both sides felt strongly about their views on the issue and there were several marches, protests and rallies for and against the bill. In this video from a California FOX network affiliate, two people debate the pros and cons of the measure.
