A San Francisco federal judge Wednesday ruled unconstitutional California’s Prop. 8, the measure that banned gay marriage after the state Supreme Court redefined it as between any two people in 2008.

U.S. District Court Judge Vaughn Walker said the voter-approved Prop. 8 violated constitutional rights of gays and lesbians to marry whomever they choose.

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” he said.

The judge said not allowing gay marriage is inherently unfair and allows “opposite sex couples” to be “superior to same sex couples.”

Walker’s decision, however, is not the final ruling.

Groups on both sides of the gay marriage debate have been promising appeals to the 9th Circuit Court of Appeals if their side didn’t win out, and the case will likely end up being decided by the U.S. Supreme Court.

Walker’s decision comes after November 2008’s 52-48 vote to ban gay marriage. Leaders in the gay community since then have pressed the courts to overturn what they called an unfair, majority rule.

Defendants of traditional marriage, however, have argued that the California Supreme Court’s June 2008 redefining of marriage was the result of an activist court, and that overturning a voter-approved measure raises new concerns.

Walker attributed the Prop. 8 vote result to the “moral disapproval” of voters, and said that is not reason enough to ban gay marriage.

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,” Judge Walker ruled.