The Ninth Circuit Court of Appeals declined today to grant en banc review to an earlier appeals court decision that declared Proposition 8, the ballot initiative that ended same-sex marriage in California, unconstitutional.
A three-judge panel of the Ninth Circuit Court of Appeals ruled Feb. 7 that the ban violates the Fourteenth Amendment to the United States Constitution.
Federal appeals court won't rehear Prop. 8 case, Supreme Court showdown looms
The Defense of Marriage Act, a 1996 law that prohibits the federal government from recognizing same-sex unions, has been ruled unconstitutional by Judge Jeffery White of the District Court for the Northern Dis...
Proposition 8, the ballot initiative that ended same-sex marriage in California, is unconstitutional, a panel of the Ninth Circuit Court of Appeals ruled Feb. 7.
“We consider whether that amendment violates the Fourteenth Amendment to the United States Constitution,” the ruling states. “We conclude that it does.”
The ruling goes on to note that, contrary to the arguments of Proposition 8 defenders, the measure “could not have been enacted to advance California’s interests in childrearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples.”
Brian Brown, the executive director for the National Organization for Marriage, wasted no time in issuing a call-to-arms to his organization's supporters this afternoon.
Moments after today's landmark ruling made by the 9th U.S. Circuit Court of Appeals that found California's same-sex marriage ban unconstitutional, NOM had already sent out a fundraising plea previewing the next round of the ongoing legal battle.
“Moments ago, the United States Court of Appeals for the 9th Circuit handed down a sweeping ruling striking down California’s Proposition 8 and — for the first time ever — finding a ‘right’ to same-sex marriage in the United States Constitution!” Brown said in the email.
“A Supreme Court victory would preserve the marriage laws of 44 states, denying same-sex marriage radicals in their campaign to force gay marriage on the entire nation in one fell swoop. But if we lose at the Supreme Court, marriage will be jeopardized not just in California, but in all 50 states,” Brown continued.
Proposition 8, the ballot initiative that ended same-sex marriage in California, is unconstitutional, a panel of the Ninth Circuit Court of Appeals ruled today.
"We consider whether that amendment violates the Fourteenth Amendment to the United States Constitution," the ruling states. "We conclude that it does."
The ruling goes on to note that, contrary to the arguments of Proposition 8 defenders, the measure "could not have been enacted to advance California's interests in childrearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples."
Noted the court, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California."
Atlantans rally to support court's ruling
The legal battle over California's Proposition 8 will resume in September as the state's high court will take up the issue over whether supporters of a ballot initiative have the authority to fight court rulings if the state's governor and attorney general refuse to do so, according to the Associated Press.
The court will hear arguments on Sept. 6.
U.S. District Chief Judge Vaughn R. Walker ruled in August 2010 that the state's ban on same-sex marriage was unconstitutional. Then-Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge Walker's ruling.
Jerry Brown is now the governor of California.
When syndicated conservative columnist Dick Yarbrough wrote an anti-gay rant last week in the Marietta Daily Journal mocking California's law requiring LGBT history be taught in schools, gay readers decided to respond in kind.
Two things for sure — some don't like being called "Gay Blade" or take kindly to hoop skirts.
Yarbrough wrote in his July 13 column about a phone conversation he had with this fictional character he called "Gay Blade," a flaming liberal, who warned him that soon Georgia's public schools would have to teach kids about historical LGBT figures. Because, you see, California is now doing it. Of course, there's a group of social conservatives trying to get the law repealed.
Yarbrough retorted to his fictional "friend" this was ridiculous because the state's leaders have more important priorities.
"Besides, we have a lot of pride in Georgia's history and the last thing we need to know is that some guy we named a county for used to run around at night in hoop skirts," Yarbrough wrote.
The U.S. Departments of Justice and Education reached a settlement today with a California school district after one of its middle school students, Seth Walsh, committed suicide in the wake of years worth of bullying and harassment based on the student's non-conformity with gender roles, according to the ACLU of Southern California.
Walsh, who was 13 at the time of his suicide, killed himself in September of last year. After his death, the Department of Education received a complaint that the school district did not fulfill its responsibility in keeping Walsh safe from threats, bullying and harassment.
According to The Gay, Lesbian & Straight Education Network (GLSEN), incidents were reported to school officials but the district failed to adequately respond or deal with the offending students.