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Court to Rule on Prop 8 Today

Decision can still be appealed to larger panel, Supreme Court

By Mary Papenfuss,  Newser Staff

Posted Feb 7, 2012 4:58 AM CST

(Newser) – Californians are awaiting a ruling today on whether the state's Proposition 8 banning gay marriage is constitutional. A three-judge panel of the US 9th Circuit Court of Appeals will decide if the law, passed by referendum in 2008, violates equal protection and due process. A lower court shot down the ban, but a stay was placed on the ruling at least until the current court's decision. The losing party can appeal to a larger panel of the court and, ultimately, the Supreme Court.

During oral arguments last year, the panel appeared to be leaning toward ruling against Proposition 8, but was concerned about certain procedural legal issues, reports the Los Angeles Times. Proposition 8 passed with 52% of the vote, just months after the state Supreme Court legalized same-sex marriage by striking down two laws that had limited marriage to a man and a woman. The ballot measure dodged the ruling by inserting the one man-one woman provision into the state Constitution.

A lesbian couple hold a sign at a protest calling for the right for gays and lesbians to marry outside the County Clerks Office in Los Angeles last Valentine's Day.
A lesbian couple hold a sign at a protest calling for the right for gays and lesbians to marry outside the County Clerks Office in Los Angeles last Valentine's Day.   (Getty Images)
Gay marriage advocates demonstrate in San Francisco.
Gay marriage advocates demonstrate in San Francisco.   (Getty Images)
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COMMENTS
Showing 3 of 35 comments
America_Firster
Feb 17, 2012 12:08 AM CST
---The Californian voters have spoken. Proposition 8 is the law.---- Americans need to stand up to activist judges, such as Vaughn Walker, and get them removed from the bench, disbarred and held in contempt of the will of the people. My first act, if I was president, is to get both houses of Congress to pass new laws restricting activism by judges, that they are to serve the will of the people in an election and not their own degenerate desires. The Consution is overdue for an overhaul.
BrushMan
Feb 7, 2012 4:42 PM CST
Homosexuality has existed all throughout time, and all throughout the world. There has never been a time nor a place where there were not same sexed people in love. The world has survived. Nobody looses anything by allowing gay people to love who they please.
Halfhitch
Feb 7, 2012 12:08 PM CST
This just in. The US 9th Circuit Court of Appeals just ruled that Proposition 8 is unconstitutional. Horray for common sense.

 
California • US 9th Circuit Court of Appeals • Proposition 8

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