California Court Deems Proposition 8 "Unconstitutional"
02/07/2012 - 16:03 ||
Many opposing the Prop 8 bill are celebrating a victorious win in the justice system. The federal appeals court overturned Proposition 8, which bans same-sex marriage, today in California. The decision was made nearly four years after the ban was passed. According to the LA Times, the decision will allow for the Supreme Court to rule on gay marriage in the state as early as next year.
The appeal was based from a 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals, which defined that Prop 8 was unconstitutional and a violation of the U.S. Constitution. The ruling follows retired Chief U.S. District Judge Vaughn R. Walker’s 2010 decision claiming that Prop 8 was unconstitutional under the Equal Protection Clauses. Walker was greatly criticized for being involved in a same-sex partnership, but his appointee Chief Judge James Ware of the U.S. District Court confirmed that Walker’s sexual orientation should have never been an issue.
Ware also ruled that Walker had no obligation to remove himself from the case. In his ruling, Ware expressed, "It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings."
Despite the ruling, many Prop 8 supporters are committed to appealing the case and making sure that the traditional union between a man and a woman remains. The lead attorney for ProtectMarriage, Charles Cooper, said that the group will "continue our tireless efforts to defend the will of the people of California to preserve marriage as the union of a man and a woman."
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