Tuesday, February 7, 2012

Breaking News on the front for Marriage Equality

The 9th Circuit Court of Appeals has just ruled Proposition 8 unconstitutional.

Proposition 8, which was approved by voter referendum in 2008, amended the California State Constitution to define marriage as between one man and one woman.

Upholding a decision made by a District court in San Francisco,  the 9th Circuit Court's opinion was made on the basis that Prop 8 has no other purpose than discrimination based on sexual orientation.

What's Next: likely appeals to a full Circuit Court and then on to the Supreme Court

As the legal team for the plaintiffs stated in their press conference, "today is a monumental loss for those opposing same-sex marriage in this country", a step in the right direction for our country.

2 comments:

TJE said...

Thanks Will. Headed for SCOTUS?

Will Rusche said...

The decision was made by a 3 judge panel from the 9th circuit. It's possible the defendants will appeal to the full bench but they may also bring it straight to the Supreme Court.

If it does go to the supreme court, it is not clear how much impact a decision would have on same-sex marriage nation wide as the case deals specifically with Proposition 8. However, depending on the Court's willingness to broaden their focus, just about anything could happen.