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Posted by on Feb 7, 2012 in Law | 16 comments

9th Circuit Court Of Appeals Rules Proposition 8 Is Unconstitutional

Moments ago a 3 judge panel of the United States 9th Circuit Court Of Appeals ruled that Proposition 8 violates the Equal Protection provisions of the US Constitution.

The 2-1 ruling was made by a 3 judge panel and at first glance it appears it applies only to California. Because the ruling was tailored to apply only to Caifornia and the process of the California Supreme Court ruling followed by Proposition 8 it is possible that the US Supreme Court would reject the case. It is also unclear if there will be a stay imposed during possible appeals or if it would take effect immediately.

The 3 judge panel consisted of liberal judge Stephen R. Reinhardt, moderate Michael Daly Hawkins and conservative N. Randy Smith. Reinhardt and Hawkins voted to strike down Proposition 8 (IE affirm Judge Wakers ruling) while Smith voted to overturn it. All three judges voted that Judge Walker did not need to recuse himself merely because he was gay.

The ruling can be read here