Tuesday, February 7, 2012

9th Circuit Rules Prop 8 Unconstitutional

Official "Vote NO on Prop 8" logoImage via WikipediaIn a very narrow ruling that applies only to the case at hand, the 9th Circuit Court ruled this morning that California's Proposition 8 is unconstitutional. The court ruled to uphold Judge Vaughan Walker's decision in part on the basis that Prop 8 removed a right that had previously been granted and violated the US Constitutional right to due process and equal protection.

Further, the court found that the proponents' request to vacate Walker's ruling on the basis that he stood to gain by overturning the anti-gay voter initiative by marrying his partner, was without merit.

The court left the door open to appeal the case, finding that the proponents of Prop 8 had standing in the case, since California governor Jerry brown and his predecessor, Arnold Scharzeneggar chose not to appeal. The question remains as to whether or not the conservative US Supreme Court will choose to hear the case. If not, the ruling will stand as is and only apply to California.

As of right now, it is legal for same-sex couples to marry in California. There has been no word yet about whether the court will issue a stay in the case, but it's safe to say that proponents of Prop 8 will request one.

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