Breaking News: Proposition 8 is unconstitutional

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The US 9th Circuit Court of Appeals has just ruled that California’s same-sex marriage ban is unconstitutional. This ruling upholds a lower court’s ruling.

The decision is somewhat narrow and does not mean the end of same-sex marriage bans.

Here is the opinion drafted by the three judge panel.

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2 thoughts on “Breaking News: Proposition 8 is unconstitutional

  1. On balance, I think testing the constitutionality of a marriage ban is the way to go. Trying to legislate to “allow” gay marriage implies the possibility that legistation can just as readily disallow it.

    Remembering Martin Luther King’s analogy that the constitution provided a check or promissory note for all citizens that civil rights campaigners were aiming to “cash” on behalf of black people, the constitutional testing of marriage bans is based on the idea that the rights are already there, simply not yet “encashed” so far a gay people are concerned.

  2. One more stop, and it’s a wrap! I understand there are people here in CA trying to get an amendment on the ballot to repeal prop 8. Where do I sign?

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