legal challenge
Today, the federal Ninth Circuit Court of Appeals ruled 2-1 that California’s ban on same-sex marriage, Proposition 8, is unconstitutional. The ballot initiative was passed by California voters in November 2008 and challenged in federal court by two gay couples. The Ninth Circuit decision upholds the ruling by retired U.S. District Judge Vaughn Walker, who first struck down the ballot measure in 2010.
In a separate decision, the appeals court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship. ProtectMarriage, the backers of Prop 8, are expected to appeal Tuesday’s decision to a larger panel of the 9th Circuit or directly to the U.S. Supreme Court.
Over the past few weeks we have been telling you about two Utah bills aimed at weakening the initiative petitioning rights of Utahans, and unfortunately Gov. Gary Herbert has decided to put his rubber stamp on both bills.