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“The way the court wrote the decision will make it that much harder for the proponents to get Supreme Court review,” he said.īut Jesse Choper, a University of California, Berkeley, Constitutional law professor disagreed that the ruling would affect whether the high court took the case. Ted Boutrous, a lawyer on the anti-Prop 8 team, said at a news conference that the focus on California’s specific circumstances might lead the Supreme Court to avoid the case. “I cannot conclude that Proposition 8 is ‘wholly irrelevant’ to any legitimate governmental interests.” “The optimal parenting rationale could conceivably be a legitimate governmental interest” for passing the gay marriage ban, wrote Smith. Hawkins and Reinhardt were appointed by Democrats, and Smith by a Republican. Randy Smith dissented from the main constitutional findings. Judge Michael Daly Hawkins joined Reinhardt’s opinion, while Judge N. “Proposition 8 therefore could not have been enacted to advance California’s interest in childrearing or responsible procreation,” he wrote, “for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples.”
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In the ruling, Judge Stephen Reinhardt focused on the unique circumstances of Prop 8 in California, and whether voters had a legally valid reason for passing it.īackers of Prop 8 had said that it would advance better child-rearing, but Reinhardt said the only effect of the measure was to deny same-sex couples the right to describe their relationship as a “marriage.” Opponents of gay marriage have not decided whether to ask a larger 9th Circuit panel to hear the matter, or appeal directly to the Supreme Court, Andrew Pugno, general counsel for Protect Marriage and a lawyer on the team, said by email.Ĭourt rules allow at least two weeks before a ruling takes effect, so same sex marriages cannot immediately resume in California, court spokesman Dave Madden said. That socially conservative vote by a state more known for hippies and Hollywood was seen as a watershed by both sides of the so-called culture wars, and two gay couples responded by filing the legal challenge currently making its way through the federal courts.Ī federal judge in San Francisco struck down Proposition 8 in 2010, and gay marriage opponents appealed that ruling to the 9th U.S.
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states in outlawing same-sex marriage in 2008, when voters passed the ban known as Proposition 8. Some courts and legislatures have extended those rights, but voters have consistently opposed gay marriage.Ĭalifornia, the most populous state, joined the vast majority of U.S. gay marriage was conducted in Massachusetts in 2004. Gay rights supporters have traveled a bumpy road since the first legal U.S.
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Some lawyers predicted that the narrow ruling would lead the Supreme Court to limit itself to deciding on the California measure or to refusing the case altogether. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships as inferior to those of opposite-sex couples,” the ruling reads.īut the appeals court did not address whether marriage was a fundamental right available to same-sex couples as well as heterosexuals, focusing instead specifically on Prop 8. Circuit Court of Appeals ruled that California’s Proposition 8 ban did not further “responsible procreation,” which was at the heart of the argument by the ban’s supporters. The majority in the 2-1 decision by the 9th U.S.