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Sources and Related articles
- Court: Calif. ban on gay marriage unconstitutional (usnews.msnbc.msn.com)
- Court overturns California gay marriage ban, appeal planned (reuters.com)
- Prop 8 Timeline (latimes.com)
- Court Strikes Down Ban on Gay Marriage in California – New York Times (nytimes.com)
- Calif. same-sex marriage ban violates Constitution, appeals court finds (news.blogs.cnn.com)
Decision on Proposition 8 Sets the Stage for U.S. Supreme Court Action Regarding the Constitutionality of Same-sex Marriage Bans
While same-sex marriage remains a rapidly-changing area of family law in California and the rest of the country, the United States Supreme Court has yet to rule on the issue. This has a great disparity amongst state laws regarding same-sex marriage and gay rights. However, a ruling last week by the California Supreme Court may shake things up.
Last week, the California Supreme Court voted unanimously that the sponsors of Proposition 8, a ban on gay marriage that was approved by the state’s voters in 2008, are entitled to defend them in court when the state refuses to do so. The state high court’s decision, a defeat for gay rights groups, sets the stage for a federal court action that would affect same-sex marriage bans outside California and puts the issue of same-sex marriage back on track to be heard by the U.S. Supreme Court.
“Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters.”
Legal updates brought to you by the Orange County law firm of Don Ho, LLP.
All factual information taken from the Los Angeles Times.