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A federal appeals court has held that Proposition 8, which eliminated marriage rights for same-sex couples in California, violates the Equal Protection Clause of the U.S. Constitution. The 2-to-1 majority opinion issued by a Ninth Circuit Court of Appeals panel this morning affirms an Aug. 2010 U.S. District Court decision that the controversial 2008 ballot measure ran afoul of rights guaranteed under the 14th Amendment.

The opinion authored by Judge Stephen Reinhardt, and joined by Judge Michael Hawkins, relied on key arguments advanced by City Attorney Dennis Herrera's office that Prop 8 could not rationally relate to a legitimate governmental interest in California because of that state's particular constitutional and statutory guarantees of equality for same-sex couples and families. The decision means that the federal court ruling applies only to California. During oral arguments on Dec. 6, 2010, judges hinted that the case would likely be decided on such narrow grounds.

Said Herrera: "Today's ruling strikes a devastating blow to the legal defense of Prop 8. In its thorough and well-reasoned decision, the Court's majority has revealed marriage discrimination for exactly what it is -- discrimination. Moreover, it has affirmed the U.S. Constitution's promise of equal protection under the law."

• Read the news release: "Prop 8 violates U.S. Constitution, Ninth Circuit panel affirms; Citing key City arguments about California's strong legal guarantees for same-sex couples, majority opinion upholds lower court ruling" (Feb. 7, 2012)
• PDF of the 9th Circuit ruling on Prop 8 presskit (Feb. 7, 2012)