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Document drop: Lib 9th circuit panel rules Proposition 8 unconstitutional

By Michelle Malkin  •  February 7, 2012 01:09 PM

No surprises here:

California’s voter-approved ban on same-sex marriages is unconstitutional, according to a ruling announced Tuesday by an appeals court.

The long-awaited ruling by the U.S. 9th Circuit Court is likely to lead to more appeals, and marriages probably will remain on hold until that process ends.

The case was pending for months because the court wanted a ruling from the state Supreme Court on whether proponents of Proposition 8 had legal standing under the state’s citizen’s initiative process to appeal the ruling.

Here’s the decision:

10-16696 #398_Decision(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

What’s next? Appeals and more appeals:

ProtectMarriage, the backers of Proposition 8, can appeal Tuesday’s decision to a larger panel of the 9th Circuit or go directly to the U.S. Supreme Court. The high court is expected to be divided on the issue, and many legal scholars believe Justice Anthony Kennedy will be the deciding vote.

Gays and lesbians were entitled to marry in California for six months after the California Supreme Court struck down a state ban in May 2008. The state high court later upheld Proposition 8 as a valid amendment of the California Constitution.

While the Proposition 8 case was still pending in state court, two same-sex couples sued in federal court to challenge the ban on federal constitutional grounds.


Tweet of the day: @arizonashane “Given the opportunity, the 9th Circus would strike down the Constitution as unconstitutional.

Posted in: Proposition 8