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8 Feb 2012

California strikes down ban on same-sex marriage‎

A U.S. appeals court on Tuesday found California's 2008 voter-approved ban on same-sex marriage unconstitutional.

On Tuesday a three-judge panel of the 9th US Circuit Court of Appeals ruled that a lower court judge, Vaughn Walker, correctly interpreted the US Constitution when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

In a 2-1 decision, the court ruled that voters couldn't deprive gay couples of the right to marry. In 2008, voters in California passed the ban known as Proposition 8 to outlaw same-sex marriage.

"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 and families as inferior to those of opposite-sex couples," states the opinion, written by Judge Stephen Reinhardt.

The two Democrat-appointed judges Reinhardt and Michael Daly Hawkins ruled against the ban, while a Republican-appointed judge, N. Randy Smith, dissented, reported Reuters.

A federal judge in San Francisco struck down Proposition 8 in 2010, and gay marriage opponents appealed that ruling to the 9th U.S. Circuit Court of Appeals.

Six states – New York, Massachusetts, Connecticut, Vermont, New Hampshire and Iowa – currently allow same-sex marriage, as does Washington, D.C, while New Jersey and Washington state are considering enacting similar legislation.

United States

讀者回應

1. 2012-02-08 14:16  
This is a great victory, unfortunately, we still have a very long way to go. One of the judges made it clear that this was only for Californian gays. Millions of dollars will now be spent to continue the battle against marriage equality.

Still, I am very pleased and in my own state, the legislature is about to approve gay marriage and the governor will sign it. The religious right vows to fight.

I know all of you are with us!
2. 2012-02-08 18:40  
According to Ted Olson, one of the lawyers for the gay people ( and incidentally a republican former Attorney General), it affects not only California, but any State that has granted marriage equality, but then tries to take it away, as the only purpose in doing that is to discriminate against gay people, it serves no other purpose at all. And that breaks the US Constitution.
3. 2012-02-08 19:43  
Actually, #1, the language used in the decision makes it very easy for other states to use the ruling as precedent. It's a good thing. As #2 stated, Ted Olson (an attorney for the plaintiffs to overturn Prop 8) explains it pretty well. You can see his appearance on MSNBC's Rachel Maddow Show here:

http://www.msnbc.msn.com/id/26315908/ns/msnbc_tv-rachel_maddow_show/

By the way, Olson is straight, Republican, and conservative, and served as Solicitor General under President Bush. Despite all of that, he is as eloquent and impassioned when it comes to GLBT rights as anyone out there. This is the guy you want representing you.

For the largest appellate Federal circuit court (by far the largest) in the country, merely one rung below the US Supreme Court, to dash Prop 8 to pieces is a substantial victory for same-sex marriage proponents in America. Every court that's looked at this issue has come to the same conclusion, which gives me great hope that SSM will be fully legalized across the US, probably within a few more years' time.
修改於2012-02-08 19:51:52
4. 2012-02-08 21:23  
yes, the question is not "IF", but "WHEN".
5. 2012-02-08 23:04  
The Judge's quote can be equally and especially transposed to Singapore, where 377a remains on the books just to send the "right" homophobic message:


"377A serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in Singapore, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples,"
6. 2012-02-09 06:55  
Note that it was all thanks to the two Democrat-appointed judges that the ruling was upheld. If you are a gay American, consider carefully which party to vote for in the coming election.

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