Ban of same-sex marriage declared unconstitutional in the state of California

On 7th February in the 9th U.S. Circuit Court of Appeals, a three-judge panel, ruled against the voter-approved ban on same-sex marriage, declaring it unconstitutional. In a 2-1 decision, they found the proposition contrary to the 14th Amendment of the Constitution, which contains the Equal Protection Clause. The federal appeals court, which has jurisdiction over nine Western states, focused its decision solely on the California ban rather than the larger debate. In 2008, Proposition 8 passed with a 52% vote in California. This followed a four- month window during which same-sex couples had the right to marry, but then the right was rescinded. In 2010, federal judge Vaughn Walker declared Proposition 8 unconstitutional, and as the court put a stay on his ruling, the ban has remained in place. Supporters of Proposition 8 will have until 28th February to appeal to a larger panel of the 9th circuit court. If such an appeal is made and is unsuccessful, they may appeal to the Supreme Court.


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