judge von walker ruled on proposition 8 passed two years ago by 52% of california voters banning gay marriage, but he says it fails i m quoting from his decision now. it fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. indeed, he says the evidence shows that proposition 8 does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same-sex couples, and he says because california has no interest in discriminating against gay men and lesbians and because prop 8 prevents california from fulfilling its constitutional obligation to provide marriage on an equal basis, it is unconstitutional. he also says that the evidence at about a two-week trial showed that one of the primary reasons behind the prop 8 campaign, this is the judge says, is a moral disapproval of who homosexuality. but he says moral disapproval alone is an improper basis for denying rights to gay men and lesbian
we re a nation of a culture. and that culture is the culture of quality. reporter: the mood may be festive here in west hollywood, but the bottom line is, prop 8 did pass in the state of california. and there are a lot of people, not only here, but across the country, that are very upset with the judge s ruling. mark my words. if words mean anything, marriage will ultimately mean nothing. reporter: in the ruling judge walker wrote prop 8, quote, does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same-sex couples. 7 million californians believed we had a course, a right, to vote for marriage. one federal judge in san francisco has stripped us of that core civil right. reporter: the judge also issued a stay, meaning same-sex couples will have to wait to be married until after the appeals process, which both sides say they are looking forward to.
means anything, marriage will mean nothing. reporter: in the ruling judge walker wrote that prop 8, quote, does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same-sex couples. 7 million californians believed that we had a right to organize, do dough nay, vote for marriage. one federal judge in san francisco has stripped us of that right. reporter: the judge also issued a stay meaning same-sex couples will have to wait to be married until after the you a peels process which both sides say they are looking forward to. and, of course, that appeals process could take time. again, the first order of business here in california is to figure out how long this stay will be enacted for. we did hear one story, kyra, of a couple that after the judge s decision went into the city hall in san francisco and tried to
outside the courthouse where all of this has unfolded. you ve had a chance, dan, to go through this document that the judge released saying you know what? proposition 8 is unconstitutional in california meaning that the ban on same sex marriages has been lifted although the judge issued a stay meaning they y re not going to allowed to get married until they have more legal proceedings. proposition 8 is dead. go ahead and tell us what else you re finding. reporter: well, i d like to read this one section again because it really gets to the crux of the matter. this is the conclusion from judge walker. he says proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. indeed the evidence shows proposition 8 does nothing more than enshrine in the california constitution the notion opposite sex couples are superior to same sex couples. that in a nutshell is the case.
obviously a major disappointment for those who are supporting prop 8. proposition 8, you know, went to the ballot in november of 2008 passed by a narrow majority of 52 to 48% majority. i m just being handed the court documents, wolf. i m going to read this along with you. this is the conclusion page. i m going to go ahead and read this along. it says proposition 8, this is from the judge, the judge s writing. proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. 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. because california has no interest in discriminating against gay men and lesbians, and because proposition 8