California’s anti-marriage equality Prop. 8 unconstitutional

Posted by AzBlueMeanie:

A 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals today held that Proposition 8, the 2008 ballot measure that limited marriage to one man and one woman, violates the U.S. Constitution. Prop. 8: Gay-marriage ban unconstitutional, court rules – latimes.com:

“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.

In a separate decision,  the appeals court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship.  Walker, a Republican appointee who is openly gay, said after his ruling  that he had been in a relationship with another man for 10 years. He has never said whether he and partner wished to marry.

DOCUMENT: Read the court's decision

Santa Clara University constitutional law Professor Margaret M. Russell said the ruling overturned Proposition 8 on “the narrowest grounds possible,” which makes it less likely that the U.S. Supreme Court would review it. Prop. 8: Ruling to have limited effect outside California – latimes.com:

“It is very much anchored in the role of Proposition 8 in California’s history,” the professor said, adding that it would have little effect outside of California.

The ruling was based on a 1996 U.S. Supreme Court decision that struck down a Colorado initiative that prevented local governments from passing anti-discrimination ordinances to protect gays and lesbians. Romer v. Evans (1996).

The high court in that case said the federal constitution prevents states from taking away rights from minorities because of moral disapproval.

Don't make any wedding plans just yet. Prop. 8: Gay marriages won’t resume immediately in California – latimes.com:

The U.S. 9th Circuit Court of Appeals left in place a stay on the ruling, which had been issued by a lower federal court, to prevent the resumption of same-sex marriages as the case works its way through the appeals process.

ProtectMarriage, the group that sponsored Proposition 8, said it will appeal to the U.S. Supreme Court.