Sunday, February 7, 2010

Analysis: Prop 8 Case and the US Supreme Court

The legal struggle in California involving the state constitutional amendment banning same-sex marriage eventually will make its way to the U.S. Supreme Court. Whether the justices will accept the case -- which would come to them out of the 9th U.S. Circuit Court of Appeals, generally believed to be the most liberal appeals court in the country -- and how they would rule if they accepted the case is highly speculative at this point.

The battle against gay and lesbian marriage in California was engaged in 2000 when alarmed voters enacted the California Defense of Marriage Act, Proposition 22, a law that banned same-sex marriage or the recognition of such a marriage performed in another state. The margin was wide: 61 percent voted for the new law, which said simply, "Only marriage between a man and a woman is valid or recognized in California."

Since it was a state law, it was vulnerable to court challenge. In about a month, it was struck down by the California Supreme Court 4-3, which said it violated the rights of gays and lesbians. The majority included the Republican-appointed chief justice. Democratic state officials then allowed the law to die.

Full Story from UPI.com
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