California gay marriage ruling expected Wednesday

Tue. August 3, 2010 11:55 PM by News Staff

San Francisco - On Wednesday, Chief U.S. District Judge Vaughn Walker of San Francisco will decide whether California's anti-gay Proposition 8 was a violation of lesbians' and gays' right to equal protection under the law.

Proposition 8 defined marriage as being between one man and one woman. It was approved by California voters in 2008.

The plaintiffs are a gay couple from southern California and a lesbian couple from Berkeley.

On the other side are anti-gay groups who offered testimony claiming that children are better off with heterosexual parents.

Normally, states defend laws that are passed by voters. However in this case, California State Attorney General Jerry Brown refused to defend Prop. 8, because he said it was unconstitutional.

The judge's decision is expected on Wednesday afternoon between 3 p.m. and 5 p.m. Central time.

Both sides say they will appeal if they lose.