California's 'Prop 8' ban on same-sex marriage is ruled unconstitutional

The fate of same-sex marriage in California has been determined...at least for now.

U.S. District Judge Vaughn Walker has struck down California's Proposition 8 today. "California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result" wrote Walker in a 136-page ruling. He also wrote: "Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples."

Prop 8 amended the California Constitution to prohibit same-sex marriage, overturning a May 2008 state Supreme Court ruling that extended marital rights to gays and lesbians. The initiative was approved by 52 percent of voters in November 2008 and defined marriage as the union of a man and a woman. The definition of union has been redefined yet again, this time ruling that bans on such unions have violated the constitutional due process and equal protection rights of a pair of lesbian and gay couples who sued.

Some 18,000 same-sex couples across the state legalized their unions prior to Prop 8 and now that the ban has been lifted the number is sure to rise. But most know it is a race to the altar and just a matter of time before the ruling is appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco, continuing an on-going battle of whether the U.S. Constitution's guarantee of equal rights and protections for Americans extends to the unions of same-sex couples. The case could reach the U.S. Supreme Court in 2011 or 2012.

The decision is already sparking much controversy and debate throughout the country. Outside the courthouse, dozens of people - for and against the decision - gathered long before the ruling was announced. Gay couples waving rainbows and American flags cheered, hugged, and kissed as word of the ruling spread. A planned march from the Castro district to City Hall is scheduled for this evening in San Francisco.

On the other end of the spectrum, a smaller group of supporters of Prop 8 stood outside of the courthouse holding signs that read: "Marriage = man and woman" and "Recriminalize sodomy." While only a small group of Prop 8 supporters stood in front of the courthouse, gay-marriage opponents took to social networks like Twitter and Facebook to voice their outrage on the decision.

Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

Do you think Judge Vaughn Walker made the right decision? What are your feelings on same-sex marriage?