
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Tuesday that Proposition 8, California's voter-approved ban on same-sex marriage, is unconstitutional because it violates the 14th Amendment guarantee of equal protection under the law.
But backers of the controversial, voter-approved law quickly signaled that they planned to appeal to the U.S. Supreme Court.
The court ruled 2-1 to uphold the decision of a lower court judge, U.S. District Judge Vaughn Walker of San Francisco, who determined in Aug. 2010 that Prop. 8 was a violation of the civil rights of gays and lesbians. The panel also rejected claims that Walker, now retired, was biased in his ruling because he is gay and in a long-term relationship with another man.