I tried to bring up the old thread but I couldn't find it using the search function
Anyways, the US Federal Appeals Court came out with their long awaited ruling that Proposition 8, a motion to define marriage as between a man and a woman which was passed by voters in California, is unconstitutional
http://www.cbc.ca/news/world/story/2...a-samesex.html
Quote:
|
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.
|
Quote:
|
"Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling states.
|
Not only was this issue hotly contested, but proponents of the ban argued that the original ruling to overturn the ban was bias, as the deciding judge was gay and in a long term relationship with a nother man at the time
Quote:
The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his decision that he was gay and in a long-term relationship with another man.
The ruling came more than a year after the appeals court heard arguments in the case.
Proposition 8 backers had asked the 9th Circuit to set aside Walker's ruling on both constitutional grounds and because of the thorny issue of the judge's personal life. It was the first instance of an American jurist's sexual orientation being cited as grounds for overturning a court decision.
Walker publicly revealed he was gay after he retired. However, supporters of the gay marriage ban argued that he had been obliged to previously reveal if he wanted to marry his partner — like the gay couples who sued to overturn the ban.
|
Anyways, this issue isn't over and it will all likely head to the supreme court for the ultimate decision. However, it's pretty good news right now
