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Appeals court throws out same-sex marriage ban

Robin Tyler, right, who with her partner Diane Olson, not shown, became the first same-sex couple to wed in Los Angeles County in 2008, embraces her attorney Gloria Allred after hearing the 9th U.S. Circuit Court of Appeals' decision on the validity of gay marriage, in Los Angeles Tuesday, Feb. 7, 2012. (AP Photo/Reed Saxon)

SAN FRANCISCO (AP) — Same-sex marriage moved one step closer to the Supreme Court on Tuesday when a federal appeals court ruled California’s ban unconstitutional, saying it serves no purpose other than to “lessen the status and human dignity” of gays.

A three-judge panel of the 9th U.S. Circuit Court of Appeals gave gay marriage opponents time to appeal the 2-1 decision before ordering the state to allow same-sex weddings to resume.

“I’m ecstatic. I recognise that we have a ways to go yet. We may have one or two more legal steps,” said Jane Leyland, who was gathered with a small crowd outside the federal courthouse in downtown San Francisco, cheering as they learned of the ruling.

Leyland married her longtime partner, Terry Gilb, during the five-month window when same-sex marriage was legal in California.

“But when we first got together, I would have never dreamed in a million years that we would be allowed to be legally married, and here we are.”

The ban known as Proposition 8 was approved by voters in 2008 with 52 percent of the vote. The court said it was unconstitutional because it singled out a minority group for disparate treatment for no compelling reason.

The justices concluded that the law had no purpose other than to deny gay couples marriage.

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