The 9th U.S. Circuit Court of Appeals ruled 2-1 that Proposition 8, which bans same-sex marriage in the state of California, is unconstitutional.
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Download NowProposition 8 was approved in 2008 by 52 percent of California voters. The legislation limits marriage to a man and a woman. In 2010, a federal district court judge ruled that the ban was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. An emergency stay was ordered on the ruling.
Today, the three–judge panel upheld the federal district court judge’s decision, finding that the ban violates the Fourteenth Amendment of the U.S. Constitution.
If the case is heard by the U.S. Supreme Court—which is likely—a decision that supports overturning Proposition 8 could affect all states that currently ban same-sex marriage.
For background on the case, read Emergency Stay on Ruling to Overturn Proposition 8.