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Marriage Equality

Big Announcement Coming on Marriage Equality

Big Announcement Coming on Marriage Equality

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

Nbroverman

(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.

Nbroverman
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Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.
Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.