9th Circuit appeals court rules Prop 8 unconstitutional
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Prop. 8: Gay-Marriage Ban Unconstitutional, Appellate Court Rules
Submitted by ThatCrazyLibertarian
In a 2-1 decision, the U.S. 9th Circuit Court of Appeals declared Proposition 8 violates the U.S. Constitution. In 2008, California voters outlawed same-sex marriage by passing the measure. In a case that could head to the Supreme Court, the 9th Circuit's rules allow at least two weeks before a ruling takes effect, so same-sex marriages will not immediately resume.
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.
The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.
The community reacts to the court striking down the California gay marriage ban:
The_Wanderer_Kansas: "Huzzah! Now we get to hurry up and wait some more..."
bailey78: "Well by gawd if folks want to get married let them."
joeredford: "A legal analyst on MSNBC just said the Supreme Court may not accept the case and allow it to stand because it does not apply to all states, or even the other states in the 9th Circuit. It only applies to California."
ThatCrazyLibertarian: "So long as it's appealed, I think it's likely that the Supreme Court will take it up. And so long as Justice Kennedy is sitting on that Supreme Court bench, it is highly unlikely that it would be overturned. But it now stands as binding precedent to all the states in the 9th Circuit if the Supreme Court does let it stand."
Johnny_Los_Angeles: "Well of course it is unconstitutional, why we even allow things like this on a ballot is a serious problem, and this took years too long to get decided."
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