Attorney David Boies (L) speaks during a joint news conference with attorney Theodore Olson and plaintiffs Paul Katami (2nd R) and Jeff Zarrillo (R) in San Francisco, California August 4, 2010 following a decision by US District Judge Vaugh Walker that says Proposition 8 violates gays' and lesbians' rights of equality.
Plaintiff Paul Katami speaks during a news conference in San Francisco, California, following a decision by US District Judge Vaugh Walker that says Proposition 8 violates gays' and lesbians' rights of equality August 4, 2010.
Plaintiffs Kris Perry (R) and her partner Sandy Stier listen during a news conference in San Francisco, California, following a decision by US District Judge Vaugh Walker that says Proposition 8 violates gays' and lesbians' rights of equality August 4, 2010.
Jeff Zarrillo (L) kisses his partner Paul Katami during a news conference in San Francisco, California, following a decision by US District Judge Vaugh Walker that says Proposition 8 violates gays' and lesbians' rights of equality August 4, 2010. REUTERS/Kevin Bartram
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.
Shelly Bailes, center left, kisses her wife Ellen Pontac 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
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.
Maria Ydil, right, hugs fiance Vanessa Judicpa outside of 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.
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.
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.
Same-sex couple Shelly Bailes (L) and Ellen Pontac celebrate the ruling to overturn the ban on gay marriage outside of the Philip Burton Federal building in San Francisco, California. US District Judge Vaughn Walker announced his ruling to overturn Prop 8 finding it unconstitutional. The voter approved measure denies same-sex couples the right to marry in the State of California.
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