"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," Judge Stephen Reinhardt wrote in the majority opinion.
Federal appeals court upholds ruling that Proposition 8 is unconstitutional
Court rejects argument that gay judge should have recused himself.
SAN FRANCISCO -- The U. S. 9th Circuit Court of Appeals on Tuesday has upheld a ruling made by former U. S. District Court Chief Judge Vaughn Walker in August of 2010 that California's Proposition 8, the 2008 voter-approved ban on same-sex marriage, is unconstitutional.
The court also rejected arguments by the defendants -- ProtectMarriage -- that Walker should have recused himself because he is gay, and was living with his long time partner. In their appeal, defendants argued that Walker's sexual orientation influenced his decision to strike down the ban. Walker confirmed in April 2011, eight months following his ruling, that he is gay.
With this decision by the 9th Circuit, the proponents of Prop 8 will appeal to the U. S. Supreme Court which most likely will hear the case in the 2013 term.
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*blows raspberries at the stupid bigots*
On to the Supreme Court now.
government has no more role in preventing gay marriage (or polygamy) than it does in requiring women to cover their hair, how long a mans beard should be, or deciding what is a church and what is a nut-case cult.
end the "non profit" status of all churches in america. they aren't functioning as charities. they're simply social clubs for people with like minded views.
Lezlie
** cough cough * freakin Mormons! * cough cough **
r./
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I don't take up "Rulings of law" with "Justices' anymore than I take up opinions of theology with pit bulls. I merely note that people ( Both left and right) are all in favor of "Democracy" up until 51% of the people want something that they view as a "violation of their tights". That's why we are a Republic, not a democracy.
All have a right to be civil-union ed by the state, but the state does not have the authority to grant the sacrament of "marriage" to anyone. sacrament is by definition a church function. we've been over this before.
All the ruling does is, once again, demonstrate that anynumber of monkeys in black robes showing their butts by having climbed a flagpole, do not a "justice" make. it diminishes any respect the courts still have. (Not much).
i don't contest the rulings of courts, I look for the ample opportunities to ignore them- like the president, like everyone else these days. Courts have become objects of ridicule. As has the rest of our "government".