2012年2月7日星期二

Prop. 8 ruled unconstitutional: What happens now?

How was the decision made? A three-judge panel on the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution when he decided in 2010 that Proposition 8 violated gay and lesbian's civil rights. What happened previously? The ban was passed in 2008 in a narrowly passed referendum five months after the state Supreme Court legalized gay marriage. In 2010, Prop. 8 was ruled unconstitutional by federal judge Vaughn Walker. But the ban has remained in place because the ninth circuit court put a stay on his ruling pending the appeals. What's the fuss about Judge Walker? Walker revealed he was gay and had a partner of 10 years after he retired from the bench last year. Proponents of the ban argue his relationship posed a conflict of interest-something his successor rejected. What's next? Backers of Prop. 8 say they will appeal to a larger panel of the court and then to the U.S. Supreme Court if they lose. Can gay marriages now resume in California? It's not clear, and delays are more than likely. Judges could put a hold on pending appeals, which would bar couples from tying the knot until a final decision is made. Approximately 18,000 couples got married during the short time gay marriage was legal. The California Supreme Court upheld those marriages, but ruled voters had properly enacted the law. Will other states in the 9th circuit be affected? Lawyers told the Los Angeles Times that the other states, including Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska and Hawaii will not be affected.

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