- Posted June 5, 2012 by
This iReport is part of an assignment:
Same-sex marriage: Civil right vs. states' rights
9th Circuit Stands by 3-Panel Ruling on Prop 8
The US 9th Circuit Court of Appeals refused today to revisit the ruling by a 3-judge panel that found California's Proposition 8, which repealed same-gender marriage, unconstitutional. This sets up the case for review by the US Supreme Court.
The divisive issue of same-sex marriage in California may become another landmark case taken up by the U.S. Supreme Court after federal appeals court judges refused Tuesday to revisit an earlier ruling.
The 9th Circuit U.S. Court of Appeals in San Francisco denied a request to re-examine the constitutionality of Proposition 8, California's voter-approved referendum defining marriage as only between a woman and a man.
In February, a three-judge panel of that court ruled the measure unconstitutional. In its split decision, the panel found that Proposition 8 "works a meaningful harm to gays and lesbians" by denying their right to civil marriage in violation of the 14th Amendment.
Backers of the proposition had asked for a larger panel of judges to rehear the case. In a seven-page order Tuesday, the court refused.
The parties now have 90 days to ask the U.S. Supreme Court to intervene. In the meantime, a stay on same-sex marriages in California will remain in place until the issue is exhausted in the courts.
Supporters of Proposition 8 vowed to appeal to the nation's highest court.
From the Cornfield, step by step, perhaps equality under the law for all long-term couples may come sooner than many of us believed possible.