9th Circuit Affirms Unconsitutionality of Prop 8
The 2-1 decision found the ban -- known as Proposition 8 -- "served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationship and families as inferior to those of opposite-sex couples." That violates the 14th Amendment's guarantee of equal protection under the law, the decision states[More...]
The 9th Circuit Court of Appeals is expected to release its opinion on Prop 8 today. Prop 8 defines marriage as between a man and a woman.
A broad ruling that affirms a federal judge's 2010 conclusion that gays and lesbians have a constitutional right to wed their chosen partner would invite review by a high court that frequently overturns decisions by the more liberal Ninth Circuit.
But the panel might also overturn Prop. 8 on more limited grounds: that California, apparently because of its voters' disapproval of homosexuality, had withdrawn marital rights granted to same-sex couples by the state Supreme Court less than six months earlier....
The Supreme Court, in 1996, said states are prohibited from restricting rights of a minority group because of moral disapproval.
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