Proposition 8 unconstitutional. Same-sex couples have a right to get married

UNITED STATES, California — The US 9th Circuit Court of Appeals has upheld the judgment of former Chief US Judge Vaughn Walker, in the matter of Perry v. Brown, case numbers 10-16696 and 11-16577 that Proposition 8 approved by voters in November 2008 and banning same-sex marriage was unconstitutional. The Court denied the motion to vacate the lower court ruling.

The Court determined that Proposition 8 violated the Fourteenth Amendment to the Constitution and that "there was no legitimate reason for the passage of a law that treats different classes of people differently.

The Court also found that Judge Vaughn Walker was not required to reveal he was in a long-term relationship with another man.

On 14 June 2011, Judge James Ware, his successor, rejected arguments that Walker was unqualified to preside over the 13-day trial because he stood to personally benefit from declaring Proposition 8 unconstitutional.

Whilst the 9th Circuit panel has overturned the ban, same-sex marriages are unlikely to resume in California in the near term. Supporters and opponents of Proposition 8 have said they would now appeal to the U.S. Supreme Court.

Opinion: Perry & Ors v. Brown & Ors 481.97kb, 07 FEB 12

(GayLawNet 08 February 2012 — David Allan
Web: www.gaylawnet.com)