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Slideshow: Prop 8 opponents celebrate repeal

By theGrio

1:28 PM on 08/05/2010

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(AP Photo/Steve Griffin - The Salt Lake Tribune)

SAN FRANCISCO (AP) -- Supporters of California's gay marriage ban filed an appeal Thursday of a federal judge's ruling striking down the voter-approved law.

The appeal to the 9th U.S. Circuit Court of Appeals was expected, as lawyers on both sides of the legal battle repeatedly vowed to carry the fight to a higher court if they lost.

On Wednesday, a federal judge in San Francisco overturned California's Proposition 8, which restricts a marriage to one man and one woman. U.S. District Court Judge Vaughn Walker ruled the law violates federal equal protections and due process laws.

The 9th Circuit court has no deadlines to hear the case, which will be randomly assigned to a three-judge panel. It's expected that the panel will order both sides to submit written legal arguments before scheduling a hearing.

WATCH RACHEL MADDOW COVERAGE OF THE PROP 8 RULING:

Visit msnbc.com for breaking news, world news, and news about the economy

The outcome in the appeals court could force the U.S. Supreme Court to confront the question of whether gays have a constitutional right to wed.

"This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman," said Brian Brown, president of the National Organization for Marriage, which helped fund the 2008 campaign that led to the ban's passage.

Currently, same-sex couples can legally wed in the U.S. only in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

The appeal was filed by Protect Marriage, a coalition of religious and conservative groups that sponsored Proposition 8 and wound up defending it after California Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused.

Walker, meanwhile, said he would consider waiting for the 9th Circuit to render its decision before he makes his opinion final and requires the state to stop enforcing the ban. The judge ordered both sides to submit written arguments by Friday on the issue.

Hundreds of same-sex marriage supporters celebrated the verdict at public gatherings in San Francisco, West Hollywood and New York City, while acknowledging they have watched court victories evaporate before.

California voters passed Proposition 8 five months after the state Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had tied the knot.

Joe Briggs, 32, an actor who attended a West Hollywood gathering, said he was thrilled to hear about the ruling but was curbing his enthusiasm because of the legal fight still ahead.

"It's a long process. Last time we were allowed to marry for like a day and then they took it away," said Briggs, who wore a T-shirt with an image of Batman and Robin kissing. "But at the same time, we have a black president -- so let's just get on with it! It's about equality."

Walker's decision came in a lawsuit filed by two same-sex couples and the city of San Francisco that sought to invalidate Proposition 8 under the same constitutional principles that led to bans on interracial marriage being overturned.

The 13-day trial was the first in a federal court to examine if the U.S. Constitution prevents states from denying gays the right to wed.

___

Associated Press Writers Juliana Barbassa in San Francisco, Raquel Maria Dillon in West Hollywood, Jennifer Peltz in New York City contributed to this report.

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As a rainbow appears in the background Jeff Key, of Salt Lake City, holds the flag above his head as advocates for gay marriage rally on Capitol Hill in Salt Lake City after a federal court judge overturned California's same-sex marriage ban Wednesday Aug 4, 2010. Proposition 8, the ballot measure that eliminated the right of same-sex couples to marry in Californian. (AP Photo/Steve Griffin - The Salt Lake Tribune)
Proposition 8 opponents Mark Allen, left, and his partner Allen Hidalgo cheer during a gay marriage rally Wednesday, Aug. 4, 2010, in West Hollywood, Calif. A federal judge overturned Proposition 8 Wednesday finding it to be unconstitutional. (AP Photo/ Bret Hartman)
Proposition 8 opponents Jovanie Narvaez, back, and his partner Mark Vaccarino embrace each other during a gay marriage rally Wednesday, Aug. 4, 2010, in West Hollywood, Calif. A federal judge overturned Proposition 8 Wednesday finding it to be unconstitutional. (AP Photo/ Bret Hartman)
Proposition 8 opponents Cathy DeBuono, left, and Jill Bennett kiss during a gay marriage rally Wednesday, Aug. 4, 2010, in West Hollywood, Calif. A federal judge overturned Proposition 8 Wednesday finding it to be unconstitutional. (AP Photo/ Bret Hartman)
David Boies kisses fellow lawyer Theodore Olson on the cheek at a public rally on Wednesday, Aug. 4, 2010 in West Hollywood, Calif. Gay rights supporters turned out in droves to celebrate a federal judge's overturning of California's Proposition 8, a same-sex marriage ban, a landmark case which could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. (AP Photo/Adam Lau)
Kris Perry, right, kisses her partner Sandy Stier at a public rally on Wednesday, Aug. 4, 2010 in West Hollywood, Calif. Gay rights supporters turned out in droves to celebrate a federal judge's overturning of California's Proposition 8, a same-sex marriage ban, a landmark case which could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. (AP Photo/Adam Lau)
Opponents of Proposition 8 cheer after hearing the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. in San Francisco, Wednesday, Aug. 4, 2010. A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. (AP Photo/Eric Risberg)
Spencer Jones, left, kisses his husband Tyler Barrick after hearing the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. A federal judge overturned California's same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America, according to a person close to the case. (AP Photo/Jeff Chiu)
Stuart Gaffney, center, holds up a sign while celebrating the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. A person close to the case says a federal judge has overturned California's same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court. Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights. (AP Photo/Eric Risberg)
Shelly Bailes, left, hugs her wife Ellen Pontac outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America, according to a person close to the case. (AP Photo/Eric Risberg)
Sheree Red Bornand, right, hugs Aidan Dunn after hearing the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. A person close to the case says a federal judge has overturned California's same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court. Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights. (AP Photo/Jeff Chiu)
Stuart Gaffney, from left, his husband John Lewis, Spencer Jones, and his husband Tyler Barrick celebrate after hearing the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. (AP Photo/Jeff Chiu)
Opponents of Proposition 8 cheer after hearing the decision in the United States District Court proceedings challenging Proposition 8 outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010. The first word on whether California's same-sex marriage ban can survive scrutiny under the U.S. Constitution is expected to come down Wednesday when a federal judge issues his ruling in a landmark case challenging the voter-approved Proposition 8 as an unlawful infringement on the civil rights of gay men and lesbians. Attorneys on both sides have said appeals are certain if Chief U.S. Judge Vaughn Walker does not rule in their favor. (AP Photo/Jeff Chiu)

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SAN FRANCISCO (AP) -- Supporters of California's gay marriage ban filed an appeal Thursday of a federal judge's ruling striking down the voter-approved law. The appeal to the 9th U.S. Circuit Court of Appeals was expected, as lawyers on both sides of the legal battle repeatedly vowed to carry the fight to a higher court if they lost. On Wednesday, a federal judge in San Francisco overturned California's Proposition 8, which restricts a marriage to one man and one woman. U.S. District Court Judge Vaughn Walker ruled the law violates federal equal protections and due process laws. The 9th Circuit court has no deadlines to hear the case, which will be randomly assigned to a three-judge panel. It's expected that the panel will order both sides to submit written legal arguments before scheduling a hearing. WATCH RACHEL MADDOW COVERAGE OF THE PROP 8 RULING:

Visit msnbc.com for breaking news, world news, and news about the economy

The outcome in the appeals court could force the U.S. Supreme Court to confront the question of whether gays have a constitutional right to wed. "This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman," said Brian Brown, president of the National Organization for Marriage, which helped fund the 2008 campaign that led to the ban's passage. Currently, same-sex couples can legally wed in the U.S. only in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C. The appeal was filed by Protect Marriage, a coalition of religious and conservative groups that sponsored Proposition 8 and wound up defending it after California Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused. Walker, meanwhile, said he would consider waiting for the 9th Circuit to render its decision before he makes his opinion final and requires the state to stop enforcing the ban. The judge ordered both sides to submit written arguments by Friday on the issue. Hundreds of same-sex marriage supporters celebrated the verdict at public gatherings in San Francisco, West Hollywood and New York City, while acknowledging they have watched court victories evaporate before. California voters passed Proposition 8 five months after the state Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had tied the knot. Joe Briggs, 32, an actor who attended a West Hollywood gathering, said he was thrilled to hear about the ruling but was curbing his enthusiasm because of the legal fight still ahead. "It's a long process. Last time we were allowed to marry for like a day and then they took it away," said Briggs, who wore a T-shirt with an image of Batman and Robin kissing. "But at the same time, we have a black president -- so let's just get on with it! It's about equality." Walker's decision came in a lawsuit filed by two same-sex couples and the city of San Francisco that sought to invalidate Proposition 8 under the same constitutional principles that led to bans on interracial marriage being overturned. The 13-day trial was the first in a federal court to examine if the U.S. Constitution prevents states from denying gays the right to wed. ___ Associated Press Writers Juliana Barbassa in San Francisco, Raquel Maria Dillon in West Hollywood, Jennifer Peltz in New York City contributed to this report. _Copyright 2010 The Associated Press._