Tuesday, February 7, 2012

Prop 8 Opinion: Ninth Circuit Rules Prohibiting Same-Sex Marriage Unconstitutional

The Ninth Circuit panel has rendered its opinion in Perry v. Brown,  on the constitutionality of California's Proposition 8 that prohibited same-sex marriage, affirming 2-1 Judge Vaugn Walker's extensive opinion based on the trial (our recap here) the videotapes of which will not be released as the Ninth Circuit ruled recently.

The Ninth Circuit Judges on panel, Stephen Reinhardt (middle), NR (Randy) Smith (right, and Michael Hawkins (left) disagreed on the major constitutional issue.

 

Ninth Circuit judges on Prop 8

 The panel was unanimous that the proponents had standing and that Judge Walker's opinion should not be vacated on the basis of his sexuality.  The majority opinion, authored by Reinhardt concluded that Proposition 8 was unconstitutional.  Judge Smith, dissented as to the constitutionality of Proposition 8, arguing that it was rationally related to a legitimate government interest.

MORE ANALYSIS HERE.

RR
(image via)

http://lawprofessors.typepad.com/conlaw/2012/02/prop-8-opinion-ninth-circuit-rules-prohibiting-same-sex-marriage-unconstitutional.html

Current Affairs, Equal Protection, Federalism, Fourteenth Amendment, Gender, Sexual Orientation, Standing | Permalink

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