December 8, 2011 archive

California Proposition 8 on Gay Marriage Back in Court Today


Actually, there will be two hearings today at the Ninth Circuit Court of Appeals.

Proposition 8 is back in the news as three federal appellate judges in San Francisco hear arguments in not one, but two cases related to the gay-marriage ban.

The first case involves the appeal of a ruling to allow the release of videotapes made during the original trial. That hearing starts at 2:30 p.m.

In the second case, Proposition 8 backers had wanted a lower court to overturn Judge Vaughn Walker’s decision declaring the measure unconstitutional, and their argument was this: Walker should have been disqualified from hearing the case because he was in a same-sex relationship. Their motion was denied. They’re appealing that decision. The hearing starts at 3:30 p.m

Note that the Justices of the three judge appellate panel are not hearing the main appeal of Judge Walker’s decision to declare California Proposition 8 unconsititutional. If you recall, Walker invalidated Prop. 8 which was a California State constitutional amendment (passed by the California voters) which defined marriage: “only marriage between a man and a woman is valid or recognized in California.”

Stay tuned……