American Foundation for Equal Rights

Associated Press: Marriage ban’s path to high court unclear

Proposition 8 has been deemed unconstitutional by the U.S. Ninth Circuit Court. Those who support the law have already made it clear that they plan on appealing the decision – but it remains to be seen which court will ultimately hear their case. There is hope that the case will make it to the Supreme Court so that the issues can be decided nationally. However, because the dispute over a California law, there is a chance that this case will be heard in another appeals court. On the flip side, the case’s popularity and the nature of the issue being discussed may sway the judges to choose to hear the case.

“There is no reason to believe four justices on the Supreme Court, which is what it takes to grant (an appeal) petition, are champing at the bit to take this issue on,” University of Michigan law school professor Steve Sanders said. “The liberals on the court are going to recognize this was a sensible, sound decision that doesn’t get ahead of the national debate … and I don’t think the decision would be so objectionable to the court’s conservatives that they would see a reason to reach out and smack the 9th Circuit.”

“The amendment’s “singular” work of denying gay Californians the designation of marriage while leaving in place domestic partnerships proves that Proposition 8′s deprive same-sex relationships of society’s dignity and respect, Reinhardt wrote.”

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