Tuesday, February 7, 2012

Federal Appeals Court Ruling: California Ban on Same-Sex Marriage is Unconstitutional

The Boston Globe reported that a three-judge panel of the 9th U.S. Circuit Court of Appeals held that California's same-sex marriage ban is unconstitutional and that the lower court "correctly interpreted the U.S. Constitution and Supreme Court precedents when [the judge] declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians." Fifty-two percent of California's voters passed Proposition 8, the law that banned same-sex marriage in the state, during the November 2008 election, igniting public interest around the country.

As of now, it remains unclear when same-sex marriages will be permitted again in California. There was a five-month window before the November 2008 elections where same-sex marriage had been legalized in the state and those marriages have been upheld by the the California Supreme Court.  Opponents of same-sex marriage have vowed to appeal this decision to a bigger 9th Circuit panel and even the U.S. Supreme Court.

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