Prop 8 Ruling Expected Today

Published on: February 7, 2012 at 12:51 PM

Today, gay couples in California will be celebrating or protesting after an appeals court issues a ruling on Prop 8. The 9th Circuit Court will decide if Proposition 8, which bans gay marriage, violates the constitutional rights of gay couples.

John Lewis, legal director of Marriage Equality USA, said in a statement:

“We are very hopeful that the 9th Circuit will rule in favor of fairness and equality, once and for all putting an end to Prop. 8’s exclusion of loving, committed couples from marriage.”

The ruling is expected to come late this morning. The LA Times reports that rallies are being planned around California for after the judges hand down their ruling.

A three judge panel is currently discussing the constitutional merits of Prop 8. Stephen Reinhardt, an appointee of former President Carter; Michael Daly Hawkins, an appointee of former President Clinton; and N. Randy Smith, appointed by former President George W. Bush will be making the ruling.

The Chicago Tribune reports that oral arguments between the judges last year appeared to show that the U.S. 9th Circuit Court of Appeals was leaning toward ruling against Pop 8.

Prop 8 has been a topic for discussion for over several years in California. In 2000, Prop 22 defined marriage as between a man and a women. In 2008, the California Supreme Court ruled that the law was unconstitutional because it discriminated against gays. ( MSNBC has an in depth timeline of Prop 8) .

Prop 8 was introduced in 2008 and despite a celebrity backed “vote no on prop 8” campaign, California voters overturned the Supreme Court’s decision and outlawed gay marriage.

Several lawsuits and petitions were filed against Prop 8 and in 2010 Federal District Court Judge Vaughn Walker ruled that Prop 8 was unconstitutional. But before gay marriages resumed, the 9th Circuit Court put a stay on Walker’s ruling so that they could have more time to determine the constitutionality of Prop 8.

Today, the 9th Circuit Court will finally decide if gay citizens in California can get married.

But the battle will not end today. The losing side, according to the Tribune, is expected to file an appeal.

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