Marriage Equality
Read the latest news about marriage equality and the fight for gays and lesbians to obtain the right to marry. See the most recent updates on this international, national, regional, and state-by-state issue, which has been hotly contested by conservatives and far-right religious organizations. Learn about the straight allies who have been advocating for same-sex marriage in the spheres of society, entertainment, and politics, as well as the various opponents of marriage equality who seek to impede the progress of the LGBT rights movement.

Big Announcement Coming on Marriage Equality

Is Prop. 8 headed to the Supreme Court? Or will California again offer marriage equality?

BY Neal Broverman

June 04 2012 4:38 PM ET

(UPDATE: Court Rules It Won't Rehear Case)

The Ninth Circuit Court of Appeals will decide on Tuesday whether to grant an en banc review to antigay groups seeking to keep Proposition 8 alive in California, the American Foundation for Equal Rights reports.

The nation's most populous state narrowly passed Prop. 8, a California constitutional amendment banning same-sex marriage, in 2008. A federal challenge to the ban, led by AFER, has been very successful, with wins in federal district court and in the Ninth Circuit Court of Appeals.

After a three-judge panel in February agreed with Judge Vaughn Walker's 2010 decision that ruled Prop. 8 unconstitutional because it violated the equal protection clause and the due process clause of the U.S. Constitution, the proponents of Prop. 8 sought an en banc review. Such a review would require judicial evaluation by the full Ninth Circuit Court of Appeals and would likely include approximately a dozen appellate judges.

Should the Ninth Circuit deny en banc review, Prop. 8 backers could appeal to the U.S. Supreme Court, setting the stage for a national case on marriage equality. It's not clear if marriage would be allowed in California if an en banc review is denied — if that's the case, 23% of Americans would live in a state where marriage equality is once again guaranteed by law.

 

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