February 7, 2012, 9:57am - Los Angeles Times
A federal appeals court Tuesday struck down California's ban on same-sex
marriage, clearing the way for the U.S. Supreme Court to rule on gay marriage as
early as next year.
The 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals found
that Proposition 8, the 2008 ballot measure that limited marriage to one man and
one woman, violated the U.S. Constitution. The architects of Prop. 8 have vowed
to appeal.
The ruling was narrow and likely to be limited to California.
PHOTOS:
Prop. 8 ruled unconstitutional
gProposition 8 served no purpose, and had no effect, other than to lessen the
status and human dignity of gays and lesbians in California,h the court
said.
The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R.
Walker, who struck down the ballot measure in 2010 after holding an
unprecedented trial on the nature of sexual orientation and the history of
marriage.
In a separate decision, the appeals court refused to invalidate
Walkerfs ruling on the grounds that he should have disclosed he was in a long
term same-sex relationship. Walker, a Republican appointee who is openly
gay, said after his ruling that he had been in a relationship with another
man for 10 years. He has never said whether he and partner wished to marry.
FULL
COVERAGE: Prop. 8
ProtectMarriage, the backers of Proposition 8, can appeal Tuesday's decision
to a larger panel of the 9th Circuit or go directly to the U.S. Supreme Court.
The high court is expected to be divided on the issue, and many legal scholars
believe Justice Anthony Kennedy will be the deciding vote.
Gays and lesbians were entitled to marry in California for six months after
the California Supreme Court struck down a state ban in May 2008. The state high
court later upheld Proposition 8 as a valid amendment of the California
Constitution.
While the Proposition 8 case was still pending in state court, two same-sex
couples sued in federal court to challenge the ban on federal constitutional
grounds.