Court: California gay marriage ban is unconstitutional | The Salt Lake Tribune
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Court: California gay marriage ban is unconstitutional
Robin Tyler, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, uses an iPhone to read the 9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, at the office of her attorney Gloria Allred in Los Angeles Tuesday, Feb. 7, 2012. The federal appeals court declared California's same-sex marriage ban, passed as Proposition 8 in 2008, to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/Reed Saxon)
Robin Tyler, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, talks to the meda as she hears word of the 9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, in Los Angeles Tuesday, Feb. 7, 2012. The federal appeals court declared California's same-sex marriage ban, passed as Proposition 8 in 2008, to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/Reed Saxon)
Robin Tyler, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, hears word of the 9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, at the office of her attorney Gloria Allred in Los Angeles Tuesday, Feb. 7, 2012. The federal appeals court declared California's same-sex marriage ban, passed as Proposition 8 in 2008, to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/Reed Saxon)
Robin Tyler, right, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, sits with her attorney Gloria Allred as they learn about the  9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, in Los Angeles Tuesday, Feb. 7, 2012. The federal appeals court declared California's same-sex marriage ban, passed as Proposition 8 in 2008, to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/Reed Saxon)
Robin Tyler, right, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, embraces her attorney Gloria Allred after hearing the 9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, in Los Angeles Tuesday, Feb. 7, 2012. The federal appeals court declared California's same-sex marriage ban, passed as Proposition 8 in 2008, to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/Reed Saxon)
From left, Teresa Rowe, foreground, Kristin Orbin, facing, John Lewis and Stuart Gaffney react with other supporters of gay marriage outside the James R. Browning United States Courthouse on Tuesday, Feb. 7, 2012 in San Francisco. A federal appeals court on Tuesday declared California's same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/San Francisco Chronicle, Lea Suzuki)
Supporters of gay marriage react outside the James R. Browning United States Courthouse after a federal appeals court declared California's ban on same-sex marriage unconstitutional on Tuesday, Feb. 7, 2012 in San Francisco. A federal appeals court on Tuesday declared California's same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. (AP Photo/San Francisco Chronicle, Lea Suzuki)
Prop 8 paintiffs: Jeff Zarrillo, left, and Paul Katami, middle, listen to Ted Olson, American Foundation for Equal Rights Lead Co-counsel's comment on the announcement of California's same-sex marriage ban to be unconstitutional, during a American Foundation for Equal Rights conference in Los Angeles on Tuesday, Feb. 7, 2012. A federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way California's same-sex marriage ban to be a likely U.S. Supreme Court showdown on the voter-approved law. (AP Photo/Damian Dovarganes)
Ted Olson, lead co-counsel, American Foundation for Equal Rights, at podium with AFER members and plaintiffs and families, comments on the announcement of California's same-sex marriage ban to be unconstitutional, in Los Angeles on Tuesday, Feb. 7, 2012. A federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way for California's same-sex marriage ban to be a likely U.S. Supreme Court showdown on the voter-approved law.  (AP Photo/Damian Dovarganes)
Prop 8 paintiffs: Jeff Zarrillo, left, and Paul Katami, middle, listen to Ted Olson, American Foundation for Equal Rights Lead Co-counsel's comment on the announcement of California's same-sex marriage ban to be unconstitutional, during a American Foundation for Equal Rights conference in Los Angeles on Tuesday, Feb. 7, 2012. A federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way California's same-sex marriage ban to be a likely U.S. Supreme Court showdown on the voter-approved law. (AP Photo/Damian Dovarganes)
Prop 8 plaintiffs: Sandy Stier, left, and Kris Perry, listen to the American Foundation for Equal Rights' council commenting on the announcement of California's same-sex marriage ban to be unconstitutional, in Los Angeles on Tuesday, Feb. 7, 2012. A federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way California's same-sex marriage ban to be a likely U.S. Supreme Court showdown on the voter-approved law.(AP Photo/Damian Dovarganes)

San Francisco

Same-sex marriage moved one step closer to the Supreme Court on Tuesday when a federal appeals court ruled California’s ban unconstitutional, saying it serves no purpose other than to "lessen the status and human dignity" of gays.

A three-judge panel of the 9th U.S. Circuit Court of Appeals gave gay-marriage opponents time to appeal the 2-1 decision before ordering the state to allow same-sex weddings to resume.

Story continues below

"I’m ecstatic. I recognize that we have a ways to go yet. We may have one or two more legal steps," said Jane Leyland, who was gathered with a small crowd outside the federal courthouse in downtown San Francisco, cheering as they learned of the ruling.

Leyland married her longtime partner, Terry Gilb, during the five-month window when same-sex marriage was legal in California.

"But when we first got together, I would have never dreamed in a million years that we would be allowed to be legally married, and here we are."

The ban known as Proposition 8 was approved by voters in 2008 with 52 percent of the vote. The court said it was unconstitutional because it singled out a minority group for disparate treatment for no compelling reason.

The justices concluded that the law had no purpose other than to deny gay couples marriage, since California already grants them all the rights and benefits of marriage if they register as domestic partners.

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Appeals court rules the same-sex-marriage ban is unconstitutional.

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