Tag Archives: Perry v. Schwarzenegger

Prop. 8 at the Supreme Court: What You Need to Know

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In California's June 2000 primary, 61 percent of the electorate voted "yes" on Proposition 22, a measure that amended state law to read, "Only marriage between a man and a woman is valid or recognized " in the state. The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.

Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)

But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed Proposition 8. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.

Gay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.


Timeline: The Long Battle Over Same-Sex Marriage in California

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When the Supreme Court arguments on the constitutionality of Proposition 8, it will mark one more step in a long legal battle to determine the ultimate disposition of the same-sex marriage ban.

And while the legal battle over Proposition 8 has been long and winding enough, the battle over same-sex marriage in California actually goes back even further, as you'll see in this timeline.


Analysis: Will the Supreme Court Hear the Proposition 8 Case?

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Yesterday the Ninth Circuit Court of Appeals declined to grant a rehearing of the Proposition 8 case. In February, a three-judge panel of the court voted 2-1 to uphold a lower court's ruling that the same-sex marriage ban is unconstitutional, … Continue reading »


Request for En Banc Rehearing of Prop 8 Case Denied by 9th Circuit

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The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied. Read the ruling here Prop 8 proponents now have 90 days to file an … Continue reading »


Prop 8 Filing Tomorrow Could Be 9th Circuit's Decision on Rehearing Case En Banc

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Update Tuesday: The petition for an en banc rehearing has been denied. Monday's post The Ninth Circuit Court of Appeals just announced there will be a filing tomorrow in Perry v. Brown — the Proposition 8 case. "The filing will … Continue reading »


Watch Video Replay of Prop 8 Play With George Clooney, Brad Pitt

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The American Foundation for Equal Rights, which is sponsoring the court challenge to Proposition 8, live-streamed Saturday night a Los Angeles reading of 8, Dustin Lance Black's play about the trial in which Judge Vaughn Walker ruled that California's same-sex … Continue reading »


Analysis of Prop 8 En Banc Filing: Proponents Looking For Stronger Dissent to Take to SCOTUS

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Proponents of Proposition 8, California's same-sex marriage ban, have asked the 9th Circuit Court of Appeals for an en banc review of a ruling by a three-judge panel upholding a lower court's striking down the law as unconstitutional. An en … Continue reading »


Prop 8 Ruling Legal Analysis: Decision Made With Eye Toward Warding Off Supreme Court

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UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today. Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in … Continue reading »


Appeals Court Upholds Vaughn Walker Ruling Invalidating Prop. 8

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The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker's ruling invalidating Proposition 8, California's same-sex marriage ban. The federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme … Continue reading »


Read the Full Prop 8 Ruling and Key Passages

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Here is today's full Appeals Court decision upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban. Ninth Circuit Prop. 8 decision The first few passages summarize the findings and also speak to the narrowness of … Continue reading »