9th Circus Court to rule on Calif prop 8 - change fundamental definition of marriage
In 2010 a judge (who himself was gay) issued a ruling to change the fundamental definition of marriage in California, amending it to include same-sex couples. The decision was appealed to the 9th Circus Court of Appeals, where a 3-judge panel said they would issue their ruling this morning, Feb. 7. Two of the judges were appointed by liberal Presidents, and one by a moderate.
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http://www.msnbc.msn.com/id/46294255/ns/us_news-life/
Federal court to rule on Calif. ban on gay marriage
by LISA LEFF
updated 2 hours 51 minutes ago 2012-02-07 14:09:12
SAN FRANCISCO — Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.
A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married.
The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case.
Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out.
The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it.
The California court ruled in November that the state's vigorous citizens' initiative process grants official proponents of ballot measures the right to defend their measures in court if state officials refuse to do so.
Further complicating the case was a move in April by lawyers for the coalition of conservative religious groups that put Proposition 8 on the ballot to have the trial court ruling struck down because the now-retired judge who issued it was in a long-term relationship with another man.
Judge's sexual orientation became part of case
Former Chief U.S. District Judge Vaughn Walker disclosed he was gay and had a partner of 10 years after he retired from the bench last year. Proposition 8 backers have argued that Walker's relationship posed a potential conflict-of-interest and that he should have revealed it before he declared the measure unconstitutional in August 2010.
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Originally Posted by Gaffer
