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Prop 8 - State Supreme Court ruling to stand - unconstitutional

Posted by on Jun. 26, 2013 at 10:39 AM
  • 114 Replies
8 moms liked this

http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf

The US Supreme Court ruled that the parties did not have standing to appeal the state SC's ruling.  

Same Sex Marriage will once again be legal in California

by on Jun. 26, 2013 at 10:39 AM
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Replies (1-10):
gdiamante
by Silver Member on Jun. 26, 2013 at 10:42 AM

Quoting SCOTUSBLOG:

Amy Howe: 
Here's a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California's Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.
Sisteract
by Whoopie on Jun. 26, 2013 at 10:45 AM

Good

mikiemom
by Ruby Member on Jun. 26, 2013 at 10:46 AM
2 moms liked this

Yay - soundly defeated the bigots today

Euphoric
by Thumper kid spanks on Jun. 26, 2013 at 10:46 AM

good 

RandRMomma
by Maya on Jun. 26, 2013 at 10:47 AM
2 moms liked this
Good.

America is starting to go places.
katy_kay08
by on Jun. 26, 2013 at 10:56 AM

http://news.blogs.cnn.com/2013/06/26/supreme-court/

[Updated at 10:35 a.m. ET] Same-sex marriage can resume in California - that's the result of the Supreme Court ruling just in that dismisses an appeal regarding California's Proposition 8.

From our colleague Bill Mears:

From our colleague Bill Mears:

The Supreme Court has dismissed a closely-watched appeal over same-sex marriage on jurisdictional grounds, ruling Wednesday private parties do not have "standing" to defend California's voter-approved ballot measure barring gay and lesbians couples from state-sanctioned wedlock. The ruling permits same-sex couples in California to legally marry. The 5-4 decision avoids for now a sweeping conclusion on whether same-sex marriage is a constitutionally-protected "equal protection" right that would apply to all states. The case is Hollingsworth v. Perry (12-144).



KamWorthy
by Silver Member on Jun. 26, 2013 at 10:57 AM
1 mom liked this
Oh it's going places alright!!
Quoting RandRMomma:

.

America is starting to go places.
emeraldangel20
by on Jun. 26, 2013 at 10:59 AM
2 moms liked this
Yes!!! No religion should have influence on government decisions
JanetMonroe1991
by Bronze Member on Jun. 26, 2013 at 10:59 AM

Great news! 

katy_kay08
by on Jun. 26, 2013 at 11:02 AM

http://www.latimes.com/news/politics/la-pn-prop-8-supreme-court-ruling-20130626,0,5931694.story

Prop. 8: Supreme Court clears way for gay marriage in California

WASHINGTON — The Supreme Court cleared the way Wednesday for same-sex marriages to resume in California as the justices, in a procedural ruling, turned away the defenders of Proposition 8.

Chief Justice John Roberts, speaking for the 5-4 majority, said the private sponsors of Prop. 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco.

"We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to," he said. "We decline to do so for the first time here."

Justices Ruth Bader Ginsburg, Stephen Breyer, Antonin Scalia and Elena Kagan joined to form the majority.

The court’s action, while not a sweeping ruling, sends the case back to California, where state and federal judges and the state’s top officials have said same-sex marriage is a matter of equal rights.

Last fall, the high court agreed to hear a last-chance appeal from the sponsors of the 2008 ballot measure that limited marriage to the union of a man and a woman.

Federal courts in San Francisco had struck down the measure on the grounds that it unfairly discriminated against gays and lesbians who wished to marry.

Usually, the governor and state’s lawyers defend state laws in federal court, but both Gov. Jerry Brown and Atty. Gen. Kamala Harris refused to defend Prop. 8.

Several sponsors of the ballot measure stepped in to defend the law, but there were questions about whether they had legal standing to represent the state in court.

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