And now the Supremes will decide. Via Reuters:
The U.S. 9th Circuit of Appeals in San Francisco Tuesday upheld a lower court decision, which had declared unconstitutional California’s controversial Proposition 8 banning same sex marriage.
The matter is now expected to travel to the U.S. Supreme Court. The ruling, made by judges Stephen Reinhardt, Michael Daly Hawkins and Randy Smith — appointed by Jimmy Carter, Bill Clinton and George W. Bush respectively — ruled on both the constitutionality of Prop 8 and whether the judge who struck down Prop 8 should have recused because he is gay. They heard oral arguments on the constitutionality question more than a year ago, and the recusal matter in December.
California voters agreed to Prop 8 — also known as the California Marriage Protection Act — in November 2008 by a 52 to 47 percent margin (approximately 13 million voters took part). That vote inserted language in the state constitution expressly allowing marriage only between a man and a woman.