Tag: Perry v. Schwarzenegger
Ever since he struck down Proposition 8 in 2010, former federal judge Vaughn Walker has maintained a certain distance from the case. That’s probably wise, given that the Supreme Court has yet to make a final determination on his ruling. So when Walker called and invited me to hear him speak about LGBT legal issues […]
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.
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.
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.
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, and Proposition 8 proponents, on the losing side of that decision, had wanted a larger […]
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 appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain […]
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 be available from the Ninth Circuit Court of Appeals website, www.ca9.uscourts.gov/opinions,” the court said. KQED’s […]
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 marriage ban was unconstitutional. The play is made up largely of transcripts from the trial. […]
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 banc panel is made up of 11 judges, chosen at random from the circuit. Read […]
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 the narrowest way possible — applying only to California — so as to give the […]
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 Court showdown on the voter-approved law. A three-judge panel of the 9th U.S. Circuit Court […]