California’s same-sex marriage ban may be overturned, with a US court ruling it ‘unconstitutional’ overnight.

The New York Times reports a federal appeals court panel ruled on Tuesday that the voter-approved ban (Proposition 8) on same-sex marriage violates the 14th Amendment of the Constitution by discriminating against gay and lesbian people.

It’s now thought the case will head to the US Supreme Court.

A panel of three judges found that Proposition 8 — passed in November 2008 by a majority of Californian voters (52 percent to 48 percent) — violated the equal protection rights of two same-sex couples who took the case the court.

“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different people differently,” Judge Stephen Reinhardt wrote in the ruling.

“There was no such reason that Proposition 8 could have been enacted.

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California.”

If the case goes to the Supreme Court, a decision could have wide-spread implications on whether states will be able to ban same-sex marriage in the US.

© Star Observer 2020 | For the latest in lesbian, gay, bisexual, transgender and intersex (LGBTI) news in Australia, be sure to visit daily. You can also read our latest magazines or Join us on our Facebook page and Twitter feed.