Prop 8 declared unconstitutional: What you need to know

newsweek:

ruthoutspoken:

Here’s the breakdown of what you need to know:

Today’s ruling: The 9th Circuit Court of Appeals ruled in a 2-1 vote that Prop 8 is not constitutional. This affirms Judge Vaughn Walker’s earlier ruling that Prop. 8 violated the U.S. Constitution by denying rights to a certain group of people.

“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,” the justices wrote in the decision. “There is no such reason that Prop 8 could have been enacted.”

What’s next: Expect an appeal from the opposition shortly. The case will either go to the full 9th Circuit (only 3 ruled Tuesday), or it will head directly to the Supreme Court on appeal. The Supreme Court would look at the case, at the earliest, next term, if they even decide to take the case. 

Does this mean same-sex can now marry in California: No. A stay is likely to be put on marriages. In addition, an appeal would prevent marriage from occurring. 

Help ‘splainer, thanks ruthoutspoken.


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