9th Circuit: Gay Marriage Ban Illegal

The US Court of Appeals for the Ninth Circuit on Tuesday struck down Proposition 8’s ban on gay marriage in California. The Ninth Circuit’s ruling is likely to be appealed to the US Supreme Court, which has never before decided on the constitutionality of laws that prohibit same-sex marriage. California voters passed Proposition 8 in November 2008 with 52.4 percent of the vote. The measure outlawed same-sex marriage in the state by amending California’s constitution to only recognize marriages between men and women. The California Supreme Court ruled that the amendment was valid, but in August 2010 US District Judge Vaughn Walker nullified Proposition 8 for violating the due process and equal protection rights of gay men and women guaranteed by the US Constitution. Three Ninth Circuit judges unanimously affirmed Walker’s ruling Tuesday/New York Post. More here. (AP photo: Steve Harris carries a sign against gay marriage outside of the courthouse before a hearing in the 9th Circuit Court of Appeals on Monday in San Francisco)

• Idaho judge gives only dissenting opinion in Prop 8 ruling

Question: Agree/disagree with ruling?