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AtLast · 02-07-2012, 06:59 AM

Gay marriage ruling Tuesday likely a step toward U.S. Supreme Court

http://www.mercurynews.com/samesexma...426?source=rss
By Howard Mintz

hmintz@mercurynews.com

Posted: 02/06/2012 03:38:01 PM PST
Updated: 02/06/2012 09:07:17 PM PST

Feb 6:
California gay wedding ban ruling due Tuesday in Proposition 8 case.

A federal appeals court on Tuesday will hand down its long-awaited ruling on the legality of Proposition 8, California's voter-approved ban on same-sex marriage.

It is likely to be a crucial step toward pushing the gay marriage issue to the U.S. Supreme Court.

The 9th U.S. Circuit Court of Appeals will decide whether to agree with former San Francisco Chief U.S. District Judge Vaughn Walker, who declared the law unconstitutional in 2010. The court also will consider a move by Proposition 8 backers to set aside Walker's ruling because he did not disclose he was in a long-term same-sex relationship while handling the case.

Here are some of the basic questions surrounding Tuesday's outcome:

Q If the court strikes down Proposition 8, will same-sex couples be allowed to marry immediately in California?

A Little to no chance of that happening right away. The 9th Circuit is likely to put its ruling on hold while the legal battle continues, as there are several more steps before the case is final. In fact, the 9th Circuit refused to allow same-sex marriages to proceed after Walker invalidated Proposition 8 in 2010, putting his decision on hold while the appeal proceeds.

Q What are the basic arguments on both sides of the case?

A Same-sex couples say that Proposition 8 violates their federal equal protection rights, depriving them of the legal right to marry in California, which heterosexual couples have. And they contend there is no social or legal justification for denying those rights, other than a discriminatory intent against gays and lesbians. Gay marriage opponents say there is a state interest in preserving the traditional definition of marriage, particularly the importance of procreation in heterosexual marriage.

Q Who are the 9th Circuit judges deciding the case?

A While the 9th Circuit is generally considered liberal, the panel is an ideological mix. It includes Judge Stephen Reinhardt, one of the nation's most liberal judges, but also Judge N. Randy Smith, a conservative appointee of former President George W. Bush. The third judge is Michael Daly Hawkins, a former Arizona U.S. attorney and appointee of President Bill Clinton.

Q What is the expected outcome in the 9th Circuit?

A Based on arguments in December 2010, the judges appeared inclined to uphold Walker's ruling. Even Smith appeared skeptical of the Proposition 8 attorney's arguments.

Q What is likely to happen after the 9th Circuit rules Tuesday?

A The losing side can ask the 9th Circuit to rehear the case with an 11-judge panel, a process known as en banc review. A majority of the 9th Circuit's two dozen full-time judges must vote to rehear a case en banc, but this often occurs in high-profile cases where there is disagreement within the court. The losing side has 14 days to ask for such a rehearing. If the 9th Circuit refuses to grant the request, the next step is the U.S. Supreme Court.

Q How long will all this take?

A The legal fight over Proposition 8 isn't likely to be concluded anytime soon. If the 9th Circuit rehears the case with an 11-judge panel, that appeal is likely to stretch through this year. And whatever the outcome in the 9th Circuit, the U.S. Supreme Court is almost certain not to get a look at the case before the upcoming presidential election.

Q What would be the impact of a 9th Circuit ruling declaring California's gay marriage ban unconstitutional? Would it legalize gay marriage in all nine Western states covered by the 9th Circuit?

A It depends. The court can take a narrower approach and apply its ruling only to California, finding that Proposition 8 violates the rights of same-sex couples because it stripped away a previous right established in a California Supreme Court ruling in 2008 (Proposition 8 wiped that ruling off the books). Or the court can issue a more sweeping ruling that finds any such state ban unconstitutional, which would extend the ruling's reach.

02-07-2012, 06:59 AM	#2063
AtLast Infamous Member How Do You Identify?: Woman Preferred Pronoun?: HER - SHE Relationship Status: Relating Join Date: Nov 2009 Location: CA & AZ I'm a Snowbird Posts: 5,408 My Photo Gallery Thanks: 11,826 Thanked 10,828 Times in 3,199 Posts Rep Power: 21474857	We shall see.... Gay marriage ruling Tuesday likely a step toward U.S. Supreme Court http://www.mercurynews.com/samesexma...426?source=rss By Howard Mintz hmintz@mercurynews.com Posted: 02/06/2012 03:38:01 PM PST Updated: 02/06/2012 09:07:17 PM PST Feb 6: California gay wedding ban ruling due Tuesday in Proposition 8 case. A federal appeals court on Tuesday will hand down its long-awaited ruling on the legality of Proposition 8, California's voter-approved ban on same-sex marriage. It is likely to be a crucial step toward pushing the gay marriage issue to the U.S. Supreme Court. The 9th U.S. Circuit Court of Appeals will decide whether to agree with former San Francisco Chief U.S. District Judge Vaughn Walker, who declared the law unconstitutional in 2010. The court also will consider a move by Proposition 8 backers to set aside Walker's ruling because he did not disclose he was in a long-term same-sex relationship while handling the case. Here are some of the basic questions surrounding Tuesday's outcome: Q If the court strikes down Proposition 8, will same-sex couples be allowed to marry immediately in California? A Little to no chance of that happening right away. The 9th Circuit is likely to put its ruling on hold while the legal battle continues, as there are several more steps before the case is final. In fact, the 9th Circuit refused to allow same-sex marriages to proceed after Walker invalidated Proposition 8 in 2010, putting his decision on hold while the appeal proceeds. Q What are the basic arguments on both sides of the case? A Same-sex couples say that Proposition 8 violates their federal equal protection rights, depriving them of the legal right to marry in California, which heterosexual couples have. And they contend there is no social or legal justification for denying those rights, other than a discriminatory intent against gays and lesbians. Gay marriage opponents say there is a state interest in preserving the traditional definition of marriage, particularly the importance of procreation in heterosexual marriage. Q Who are the 9th Circuit judges deciding the case? A While the 9th Circuit is generally considered liberal, the panel is an ideological mix. It includes Judge Stephen Reinhardt, one of the nation's most liberal judges, but also Judge N. Randy Smith, a conservative appointee of former President George W. Bush. The third judge is Michael Daly Hawkins, a former Arizona U.S. attorney and appointee of President Bill Clinton. Q What is the expected outcome in the 9th Circuit? A Based on arguments in December 2010, the judges appeared inclined to uphold Walker's ruling. Even Smith appeared skeptical of the Proposition 8 attorney's arguments. Q What is likely to happen after the 9th Circuit rules Tuesday? A The losing side can ask the 9th Circuit to rehear the case with an 11-judge panel, a process known as en banc review. A majority of the 9th Circuit's two dozen full-time judges must vote to rehear a case en banc, but this often occurs in high-profile cases where there is disagreement within the court. The losing side has 14 days to ask for such a rehearing. If the 9th Circuit refuses to grant the request, the next step is the U.S. Supreme Court. Q How long will all this take? A The legal fight over Proposition 8 isn't likely to be concluded anytime soon. If the 9th Circuit rehears the case with an 11-judge panel, that appeal is likely to stretch through this year. And whatever the outcome in the 9th Circuit, the U.S. Supreme Court is almost certain not to get a look at the case before the upcoming presidential election. Q What would be the impact of a 9th Circuit ruling declaring California's gay marriage ban unconstitutional? Would it legalize gay marriage in all nine Western states covered by the 9th Circuit? A It depends. The court can take a narrower approach and apply its ruling only to California, finding that Proposition 8 violates the rights of same-sex couples because it stripped away a previous right established in a California Supreme Court ruling in 2008 (Proposition 8 wiped that ruling off the books). Or the court can issue a more sweeping ruling that finds any such state ban unconstitutional, which would extend the ruling's reach.