A federal appeals court today declared California's voter-approved same-sex marriage ban unconstitutional. The Los Angeles Times reports it was a 2-1 decision.
Nov. 4, 2008: Proposition 8 passes
The California Secretary of State tallied vote results and found 52.3 percent of voters -- 7,001,084 individuals -- voted in favor of Proposition 8; 47.7 percent -- 6,401,482 voters -- were against it. Proposition 8 amended Article I of California's Constitution to include Section 7.5, which read: "Only marriage between a man and a woman is valid or recognized in California." The result led to protests, boycotts and court challenges.
Aug. 4, 2010: U.S. District Court for the Northern District of California declares it unconstitutional
In Perry v. Schwarzenegger, Chief Judge Vaughn Walker declared Proposition 8 to be unconstitutional on the basis of a due process and equal protection clause violation. As a result, the judge entered an order "permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8."
Aug. 16, 2010: Ninth U.S. Circuit Court of Appeals issues a stay
Although Chief Judge Walker opened the door for gay marriage in the Golden State, the appeals court temporarily closed it shortly after his ruling. The San Francisco Chronicle reported the 9th U.S. Circuit Court of Appeals issued a hold on the enforcement of the order. While the appeals court did not give a reason for putting the order on hold, it is noteworthy that Proposition 8 sponsors had filed emergency motions for a stay earlier in the month.
Jan. 4, 2011: Federal Appeals Court puts State Supreme Court in charge of defining legal standing
The Orange County Register picked up on the continuing court battle centered on Proposition 8. The federal appeals court decided to place the responsibility for adjudicating the matter of standing into the hands of the state supreme court. At issue was the "legal standing of ban backers." This problem arose because former Gov. Arnold Schwarzenegger, as well as former Attorney General Jerry Brown, refused to appeal the order entered in Perry v. Schwarzenegger. As a result, anti-gay-marriage groups stepped up to file appeals.
Nov. 17, 2011: California Supreme Court agrees that backers have standing
When publishing its order, the court agreed that "when state officials refuse to defend a voter-approved initiative measure in court, or to appeal a judgment invalidating that initiative, its official proponents have authority" to take over the defense of the issue in court.
Feb. 7, 2012: Federal Appeals Court upholds order finding Proposition 8 unconstitutional
With issues of legal standing answered, the 9th Circuit Court of Appeals affirmed the Aug. 4, 2010, order. The California voter-approved ban on same-sex marriage is unconstitutional.
Sylvia Cochran is a Los Angeles area resident with a firm finger on the pulse of California politics. Talk radio junkie, community volunteer and politically independent, she scrutinizes the good and the bad from both sides of the political aisle.
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