The Ninth Circuit Court Rules That California’s Same-Sex Marriage Ban Is UNCONSTITUTIONAL


OMG … amazing news to share today … the US Ninth Circuit Court of Appeals has ruled that California’s Proposition 8, banning same-sex marriage in the State of California, is UNCONSTITUTIONAL! As you may recall, back in August of 2010 Federal judge Vaughn Walker ruled that Prop 8 is unconstitutional but new same-sex marriages here in California were NOT allowed to take place until his ruling was taken up by the Ninth Circuit Court of Appeals. Now that the appeals court has ruled that Prop 8 is unconstitutional (affirming Judge Walker’s 2010 ruling), the matter will move to the US Supreme Court who will decide whether to make a ruling on the case. Click below for more deets and find out exactly what all of this means.

A panel of federal judges has ruled that Prop 8, California’s voter-approved ban on same-sex marriage, is unconstitutional. The three-judge panel is issued its decision at 10 a.m. Tuesday. Supporters of Prop 8 have vowed to appeal the decision to the U.S. Supreme Court. Events are planned from West Hollywood to San Francisco. Officials gathered at West Hollywood City Hall on Tuesday morning to await the decision. At 10:30 a.m., Mayor John Duran will hold a press conference. The attorneys for the lead plaintiffs — Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo — will also hold a press conference in downtown L.A. They have been leading the legal fight arguing that Prop. 8 is unconstitutional. Former Chief U.S. District Judge Vaughn R. Walker ruled in 2010 that Proposition 8 violated the U.S. Constitution. ProtectMarriage, the sponsors of Proposition 8, appealed his ruling to the 9th Circuit. The 9th Circuit Court of Appeals then asked the California Supreme Court to rule on whether initiative sponsors had the right to defend their measures when the governor and attorney general refuse to do so. The California Supreme Court ruled that Prop 8’s supporters were entitled to appeal the federal ruling. Now, the stage is set for a battle that is expected to go all the way to the U.S. Supreme Court. The losing party can appeal the ruling to a larger panel of the 9th Circuit, which would delay U.S. Supreme Court review for many months or longer, or go directly to the high court. The Supreme Court could decide next year whether gays and lesbians nationwide have the right to marry.

Yes!! This is a glorious day for equal protection and the advancement of civil liberties in this country. Here is one of the most powerful quotes from this new appeals court ruling:

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior of opposite-sex couples.”

Folks, shizz just got REALLY real. Ok, so here’s how this all breaks down. As it stands right now with this Ninth Circuit Court ruling, banning same-sex marriage in California is unconstitutional — meaning, it is against the highest law in the land. Because supporters of Prop 8 plan to appeal, the case will now go to the US Supreme Court. IF they decide to take the case and issue a ruling, the US Supreme Court will rule on the constitutionality of same-sex marriage for the entire USA. IF they take the case and uphold this Ninth Circuit Court ruling then same-sex marriage would be legal to all US citizens. It is possible that the US Supreme Court will NOT decide to take up the case … if that happens, then this Ninth Circuit Court ruling will remain in effect for the State of California only — NOT Federally. But, you can feel the tide of freedom going our way … my guess is that the Supreme Court will take the case and rule one way or the other on the legality of same-sex marriage for the entire country … and my gut tells me that they will rule — like the appeals courts have — that banning same-sex marriage anywhere in the US is unconstitutional.

Yes, we have MUCH to celebrate today … but the fight isn’t over … in fact, it’s only now just getting real. We’ll have to wait and see what the Supreme Court decides to do with this case. For now, let’s celebrate this HUGE win for liberty and justice. We should know soon what the Supreme Court plans to do next.


  • Rebecca

    Definitely a step in the right direction!!!

  • Katie

    Great news!

  • Yahoo! If the US supreme court DOES take the case, would it be before or after the 2012 election? The timing would obviously be critical to the election.

    • It would most likely be after the election. Ruth Bader Ginsburg has said she will retire sometime after the election (but it could be later, like 2016). All the same why gays everywhere should push for Obama’s re-election. I don’t want to even think what a Romney appointee could do to the case.

  • swile71

    GREAT news!

  • Jstar

    Woo hoo!!!

  • Mr. Gyllenhaal

    That makes me so excited!!! If they SC rules in favor of the 9th circuit then it will be a GLORIOUS day!! Of course they are going to take the case.

  • Meghan

    Wonderful!!!! Now on to the Supreme Court!

  • Miguel

    It is a great day indeed. :D

  • Krissy

    That makes me so happy! I am kind of scared for it to go to the Supreme Court, though. I know that precedent shows that laws against gay marriage are unconstitutional, but as we have seen with some other rulings like Citizen United, you can’t always trust this court.

    In Loving V. Virginia in 1967, the Supreme Court said that marriage is a “fundamental right of man”, and no state can make laws infringing on this freedom. I just hope that doesnt get overlooked.

  • krib

    Yay for CA!!! Down with Prop 8. I think the SC will pass on this one for sure, leaving it up to states to create their individual laws.

  • Sam

    This is awesome news! I’m crossing my fingers for same sex marriage everywhere.

  • Sofia

    yay cali! but i’d really love to read the opinion of the court (if anyone can post a link) because i’m almost worried about when it reaches the us supreme court if they can allow it on constitutional grounds. im 100% for marriage equality and want same sex marriage legalized everywhere but i’m taking constitutional law right now and from what im learning i don’t know if the federal government even has the ability to legalize it or if it has to be done on a state by state basis. id hate for this to go before SCOTUS and be shot down because that could be a major set back.

  • MM

    Oh happy day!

    The road to equality is still long but I appreciate any small step forward.

  • V

    Fantastic article written by my Constitutional law professor on what the ruling means:

    The 9th circuit ruling was a pretty narrow one so even if SCOTUS takes the case, they could vote narrowly as well. Regardless, its a great day with a step in the right direction!

  • BCDanielle

    SO awesome! What wonderful news!

  • Ladybug

    This is amazing, I can’t believe it!!!

  • Bob

    Yes…. Equality for all !!!! AMEN !!!!

  • 00levure

    Congratulations, Ok, I’m not American, I’m European, but there’s something that i cant understand, maybe because the anglosaxon common low system, How is posibble that a court of justice has to decide about it? I mean, the law is the law. And Even more, if USA is a country, why the hell there isn’t a Federal law? I mean, is not fair….I sometimes think that the president doesn’t have the corageous to do it. sorry if I annoy you guys.

    No more Discrimination, love for all, kisses

  • G

    its just a matter of time and effort, before all people can get married in America. Keep pushing the line people if we want change to happen.