The U.S. Supreme Court has agreed to consider whether California’s Proposition 8, the voter approved referendum banning same-sex marriage, violates the Fourteenth Amendment’s Equal Protection Clause.
The legal debate over gay marriage can be appealed to the U.S. Supreme Court now that the en banc 9th Circuit has declined to review a three-judge panel’s ruling that erased a voter ban on same-sex marriage.
The ban on gay marriage approved by California voters is unconstitutional, the 9th Circuit has ruled.
Advocates for Proposition 8, the ballot measure that instituted a ban on same-sex marriage, have standing to defend the law in a legal challenge, the California Supreme Court ruled.
A judge is not incapable of making an impartial decision about the constitutionality of a law solely because, as a citizen, he or she could be affected by the proceedings, a U.S. District Court in California has ruled.
U.S. District Court Judge Vaughn Walker should have recused himself from the trial over the constitutionality of Proposition 8 because he had a stake in the outcome of the suit, according to a motion to set aside the verdict filed by supporters of the ballot initiative.
SAN FRANCISCO – In a San Francisco courtroom, the federal case over the constitutionality of barring gay marriage got one step closer to its anticipated final destination before the U.S. Supreme Court.
Supporters of Proposition 8 have seized upon a recent comment made by California Attorney General Jerry Brown during an election debate that they contend helps their cause.