Tag Archives | Proposition 8

California Court Rules Gay-Marriage Ban Unconstitutional

Prop 8And 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.

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Proposition 8 Invalidated, Same-Sex Marriage On Hold

“I know pronounce you man and man, wait, not now, maybe later.” What are you doing California? From the NY Times:

Eight days after ruling that Proposition 8 — a 2008 voter-approved ban on same-sex marriage — was unconstitutional, a federal judge on Thursday denied a motion to stay his decision, opening the door for untold numbers of gay and lesbian couples to wed in the nation’s most populous state. But the judge delayed the effective date of his order until Wednesday.

Vaughn R. Walker, the chief judge of Federal District Court in San Francisco, issued a temporary stay last week when he invalidated Proposition 8, in order to allow arguments for and against same-sex ceremonies being performed while supporters of the ban appealed.

On Thursday, Judge Walker declined to extend that stay, but built in the delay to allow the United States Court of Appeals for the Ninth Circuit, where the case has been appealed by proponents of Proposition 8, time to consider the matter.

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