Amazing news to share at tis early hour of 5am (Australian time). The US Ninth Circuit Court of Appeals has ruled that California’s Proposition 8, banning same-sex marriage in the State of California, is UNCONSTITUTIONAL! As many of you may recall, back in August of 2010 Federal judge Vaughn Walker ruled that Prop 8 is unconstitutional but new same-sex marriages in California were NOT allowed to take place until his ruling was taken up by the Ninth Circuit Court of Appeals.
Now that the appeals court has ruled that Prop 8 is unconstitutional (affirming Judge Walker‘s 2010 ruling and also what many others believe), the matter will now move to the US Supreme Court who will then decide whether to make a ruling on the case. Click below for more deets and find out exactly what all of this means in the grand scheme of things.
A panel of federal judges has ruled that Prop 8, California’s voter-approved ban on same-sex marriage, is unconstitutional. The three-judge panel is issued its decision at 10 a.m. Tuesday. Supporters of Prop 8 have vowed to appeal the decision to the U.S. Supreme Court. Events are planned from West Hollywood to San Francisco. Officials gathered at West Hollywood City Hall on Tuesday morning to await the decision. At 10:30 a.m., Mayor John Duran will hold a press conference. The attorneys for the lead plaintiffs — Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo — will also hold a press conference in downtown L.A. They have been leading the legal fight arguing that Prop. 8 is unconstitutional. Former Chief U.S. District Judge Vaughn R. Walker ruled in 2010 that Proposition 8 violated the U.S. Constitution. ProtectMarriage, the sponsors of Proposition 8, appealed his ruling to the 9th Circuit. The 9th Circuit Court of Appeals then asked the California Supreme Court to rule on whether initiative sponsors had the right to defend their measures when the governor and attorney general refuse to do so. The California Supreme Court ruled that Prop 8′s supporters were entitled to appeal the federal ruling. Now, the stage is set for a battle that is expected to go all the way to the U.S. Supreme Court. The losing party can appeal the ruling to a larger panel of the 9th Circuit, which would delay U.S. Supreme Court review for many months or longer, or go directly to the high court. The Supreme Court could decide next year whether gays and lesbians nationwide have the right to marry.
This is such great news for equality. So now as it stands with this Ninth Circuit Court ruling, banning same-sex marriage in California is unconstitutional which means it is against the highest law in the land. It may have taken this long but boy this is GREAT NEWS!!! The case will now go to the US Supreme Court, and if they decide to take case and issue a ruling, the US Supreme Court will rule on the constitutionality of same-sex marriage for the entire USA, and if they uphold the Ninth Circuit Court ruling then same-sex marriage would be legal to all US citizens. HOLY SHIZ, things just got real!!! While it is possible that US Supreme Court will not decide to take up the case and if this happens, the Ninth Circuit Court ruling will remain in effect for the State of California only and not Federally.
However, popular thought is, that the Supreme Court will take the case and rule one way or the other on the legality of same-sex marriage for the entire country, and I have a gut feeling they’ll rule in favour. For now let us celebrate a great win for justice and liberty. Sending much love to our LGBT brothers and sisters in the USA. I reckon Harvey Milk would be partying like there’s no tomorrow!!!
The time for equality is now! Come on Australia get your act together!!!
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