Court: Prop 8 Is Unconstitutional

    SAN FRANCISCO, CA - FEBRUARY 07:  Opponents of Proposition 8, California's anti-gay marriage bill, demonstrate outside of the Ninth U.S. Circuit Court of Appeals on February 7, 2012 in San Francisco, California.  A three-judge panel of the 9th U.S. Circuit Court of Appeals will deliver a ruling today on whether the voter-approved Proposition 8 measure violates the civil rights of gay men and lesbians.  (Photo by Justin Sullivan/Getty Images)

    Justin Sullivan / Getty Images

    A federal appeals court has ruled that California’s ban on same-sex marriage is unconstitutional, setting up a showdown in the Supreme Court. The state instituted the ban after voters narrowly passed Proposition 8 in 2008. But Tuesday’s panel affirmed by a 2–1 vote that a lower-court judge was correct when he said the referendum violated the U.S. Constitution. Supporters of Proposition 8 had tried to throw out U.S. District Judge Vaughn Walker’s ruling that the ban was unconstitutional on the grounds that he had failed to disclose his sexual orientation. In a separate ruling Tuesday, the appeal court refused to set aside Walker’s decision.

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