Judge to rule on gay marriage ban

SAN FRANCISCO – A federal judge in San Francisco will decide today whether gays and lesbians have a constitutional right to marry.

U.S. District Chief Judge Vaughn R. Walker, who presided over a trial earlier this year on the constitutionality of Proposition 8, will release his long-awaited ruling today on whether the 2008 ballot initiative violates the U.S. Constitution, a court spokeswoman said.

Walker’s decision is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

The California Supreme Court ruled 4-3 that gays and lesbians were entitled to marry under the state Constitution in a historic ruling in May 2008.

Voters passed Proposition 8 six months later, amending the state constitution to ban same-sex marriage.

Walker will decide whether California’s ban on same-sex marriage violates equal protection and due process rights guaranteed by the U.S. Constitution.