The ruling was stayed pending appeal by the proponents of the initiative.

The state government supported the ruling and refused to defend the law. The official proponents' justifications for the measure were analyzed in over fifty pages covering eighty findings of fact. In August 2010, Chief Judge Vaughn Walker ruled that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, since it purported to re-remove rights from a disfavored class only, with no rational basis. Following affirmation by the state courts, two same-sex couples filed a lawsuit against the initiative in the United States District Court for the Northern District of California in the case Perry v. Legal challenges to Proposition 8 were presented by opponents quickly after its approval.

Moreno wrote that exceptions to the equal protection clause could not be made by any majority since its whole purpose was to protect minorities against the will of a majority. Horton, in 2009, on the grounds that it 'carved out a limited exception to the state equal protection clause' in his dissent, Justice Carlos R. As an amendment, it was ruled constitutional by the California Supreme Court in Strauss v.

Proposition 8 countermanded the 2008 ruling by adding the same provision as in Proposition 22 to the California Constitution, providing that 'only marriage between a man and a woman is valid or recognized in California', thereby superseding the 2008 ruling. Proposition 8 was ultimately ruled unconstitutional by a federal court (on different grounds) in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage ( Proposition 22, 2000) unconstitutional. Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage it passed in the November 2008 California state elections and was later overturned in court.

Rootkhp pro 1.8