The U.S. federal district court overturned Proposition 8 on the grounds that the ban prohibiting same-sex couples from marrying is unconstitutional under both the Due Process and Equal Protection Clauses. The case now moves to the Ninth Circuit Court of Appeals.
The Feminist Majority Foundation campaigned to defeat Prop 8 and coauthored an amicus brief with NOW submitted in a case before the California Supreme Court in favor of overturning Prop 8. In response to the ruling, Katherine Spillar, Los Angeles-based executive vice president together with Eleanor Smeal, president, issued the following statement:
"We are thrilled with today's ruling upholding the right of same-sex couples to marry. As the trial showed - and Judge Walker's decision affirmed - there truly is no substance to the arguments of those who would deny full equality to lesbians and gay men. Same-sex couples will now be able to enjoy the same freedom as other Californians to marry the person they love."
"This recognition that Prop 8 is unconstitutional is an important victory for minority interests beyond those pursuing the right to enter same-sex marriages since it reminds us that fundamental rights are not up for grabs at the whim of the majority at the ballot box. The court's ruling has a direct and profound general impact on the fundamental rights of equal protection and sexual privacy, which rights are paramount to full equality for women."
"The proponents of Prop 8 will undoubtedly appeal this decision. We are prepared to support a return to the ballot box in 2012, if necessary."
Katherine Spillar also serves on the Board of Equality California.