Prop 8 has been ruled unconstitutional again.
The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker’s previous ruling that Prop 8, the 2008 voter-enacted ban on gay marriage in California, is unconstitutional. The Perry vs. Brown vote was 2-1.
“The panel majority concluded that Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationship and families as inferior to those of opposite-sex couples,” states the case summary.
The appeals panel also upheld a decision denying a stay to toss out Judge Walker’s ruling because he is gay. Additionall, the panel decided that Prop 8 supporters do have standing to pursue their appeal. Those subsequent rulings were unanimous.
Judge Walker’s ruling of Prop 8’s unconstitutionality came down in Aug. 2010.
So can gay couples get married in California immediately? According to Prop8TrialTracker.com, that depends on whether a stay is issued in the case, similar to the stay issued after Judge Walker’s ruling. (Gay couples have not been able to get married since that ruling.) If any court body issues a stay, gay couples cannot wed, but even if a stay is issued, it’s possible it could be struck down.
Full ruling:
