Prop. 8: Gay-marriage ban unconstitutional, U.S. 9th Circuit Court of Appeals rules

◼ 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. - LA Times

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.

◼ Read the Proposition 8 decision - Sacramento Bee
◼ 9th Circuit holds Prop. 8 violates 14th Amendment - Le·gal In·sur·rec·tion

The Court essentially used a bootstrap argument — that since there was a prior right to samesex marriage (based on a California Supreme Court decision which gave rise to Prop. — the taking away of that right without justification violated the 14th Amendment. Judge N.R. Smith filed a 35 page dissent from this finding.

The Court also held that (i) the supporters of Prop. 8 did have standing to defend the law, deferring to the Certified Opinion of the California Supreme Court, and (ii) trial court Judge Walker did not have to recuse himself based on his own longterm samesex relationship. These two findings were unanimous.

◼ Document drop: Lib 9th circuit panel rules Proposition 8 unconstitutional - Michelle Malkin
◼ Calif. court declares Prop 8 unconstitutional – Updates coming in - HotAir