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Breaking: Ninth Circuit Rules Prop 8 Is Unconstitutional! |
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Written by Instinct Staff |
Tuesday, 07 February 2012
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| Tags: prop 8 unconstitutional, ruling, ninth circuit, judgement |
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In the appeal case of Perry v. Shwarzenegger, the Ninth Circuit has held Judge Vaughn Walker's previous decision and maintains that Proposition 8 is unconstitutional and in violation of California's due process and equal protection rights! Details follow.
The ruling came down to a 2-1 vote in favor of Judge Walker's decision.
The Court's full opinion:
10-16696 #398_Decision
In summary:
The Ninth Circuit Court of Appeals has found that Judge Walker's recusal from the Prop 8 trial was not necessary and that supporters of the discriminatory referendum did have the right to appeal his original ruling. These two opinions combined to allow the bench to therefore rule in favor of Judge Walker's decision and agree that Prop 8 is in fact a violation of California law.
What happens now?
The court’s ruling will not take effect immediately as opportunities for further appeals will be provided. California's stay on providing same-sex marriages will not be lifted until proponents of the Prop 8 case decide how to move forward from Tuesday's ruling. Defendants have two choices: appeal the ruling to an expanded Ninth Circuit appellate bench of 11 judges or elevate the case to the Supreme Court.
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As we shared on Monday, a rally and march will be held in West Hollywood this evening in light of the landmark ruling. Head here for the event's Facebook page.
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