Appeals Court Upholds Walker's Decision

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Photo: Don Clyde/KQED

SAN FRANCISCO (AP) — A federal appeals court on Tuesday declared California's same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

It was unclear when gay marriages might resume in California. Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have repeatedly said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling from the 9th Circuit.

"Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling states.

The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his decision that he was gay and in a long-term relationship with another man.

The ruling came more than a year after the appeals court heard arguments in the case.

For complete coverage visit KQED's News Fix blog.

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About Amanda Stupi

Amanda Stupi is the Engagement Producer for KQED’s daily public affairs program Forum. In that role she turns the information shared during the hour-long call-in show into web-friendly content. Her writing has been featured throughout KQED.org, including on KQED Arts and News Fix as well as on MLB.com, Hyphen Magazine and the San Francisco Examiner. Her radio work has aired on The California Report and Talk of the Nation. Stupi runs the @KQEDForum Twitter account and Forum Facebook account. Her personal Twitter account is @FiftyCentHotdog. She believes that Hostess products get a bad rap and that cereal can save the world.

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