Court: CA Same-Sex Marriage Ban Unconstitutional
by Publius
SAN FRANCISCO (AP) – A federal appeals court on Tuesday declared California’s same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.
It was unclear when gay marriages might resume in California. Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have repeatedly said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling from the 9th Circuit.
“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted,” the ruling states.
The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his decision that he was gay and in a long-term relationship with another man.
The ruling came more than a year after the appeals court heard arguments in the case.
Proposition 8 backers had asked the 9th Circuit to set aside Walker’s ruling on both constitutional grounds and because of the thorny issue of the judge’s personal life. It was the first instance of an American jurist’s sexual orientation being cited as grounds for overturning a court decision. (more…)
Why bother to have an election in California, it’s a complete waste of time as long as they have activist judges legislating from the bench. They undermine the will of the people, how ironic it is that the first three words of the Constitution are:
We the People
~Tom in NC
Will of the representative republic? Forget about it! Unbelievable.
Tyranny in its finest form…
Sorry, I didn’t see THIS post, until I sent my email,,,
My Beloved Friends,,,
A sad day in the State of California, and for the Nation Under God~!
To LOVE someone of the same sex is one thing, as that is Unconditional, and is based on a Spiritual Equality,,,
But to MARRY someone of the same sex is an Abomination in the eyes of God, NOR were we created or formed to be joined in sexual union with members of the same sex~!
This is Abominably Abhorrent~!
Grouchy,,, being VERY GRUMPY~!
It’s Not ‘We The People’ They See; It’s What ‘We The NINE People’ Say It Is!
This clown court gets overturned more than any other, so I doubt this ruling will stand.
Then again…
-Dave
With Skippy’s recent appointments, including the wise “Latina”, you never know.
The 9th Circuit is the most overruled Circuit court in the country. On the other hand, the Supreme Court is probably going to either uphold the opinion or pass on it.
Unfortunately for all those involved with this type of arrangement, in the Bible it says that it is an abomination.
Doesn’t sound very promising to me.
Folks, I just got this in my mailbox,,,
Washington state Legislature passes bill paving the way for the state to become the seventh in the country to legalize gay marriage
http://www.foxnews.com/politics/2012/02/08/washington-state-poised-to-approve-gay-marriage/
Washington state approves gay marriage
Published February 08, 2012
| Associated Press
OLYMPIA, Wash. – Washington state lawmakers voted to approve gay marriage Wednesday, setting the stage for the state to become the seventh in the nation to allow same-sex couples to wed.
The action comes a day after a federal appeals court declared California’s ban on gay marriage unconstitutional, saying it was a violation of the civil rights of gay and lesbian couples.
The Washington House passed the bill on a 55-43 vote. The state Senate approved the measure last week. And Democratic Gov. Chris Gregoire is expected to sign the measure into law next week.
However, gay couples can’t begin walking down the aisle just yet.
Read more on this at the above link,,, ,,,
DCG, I feel sorry for the straight folks in Washington State~!
It was inevitable GF….1) they can’t be bothered to focus on the real crisis in this state, namely our huge debt 2) the “Catholic” governor (on her way out) had accomplished nothing other than massive debt in this state. She came to regret her decision to not support gay marriage and let her faith get in the way, blah, blah, blah. So now she can say she accomplished something; and 3) they didn’t have the guts to put it to a public vote.
But no doubt, there will be a referendum on the ballot in November to re-call this. But you know how voting goes…just look at CA.