February 7th, 2012
04:05 AM ET

Appeals court to rule on California's Proposition 8

A three-judge pannel with the 9th U.S. Circuit Court of Appeals is expected to rule Tuesday on whether California's same-sex marriage ban violates the Constitution.

After a two-week trial in 2010, Federal District Court Judge Vaughn Walker - who has since retired - overturned the voter-approved measure known as Proposition 8, saying gay and lesbian couples were unfairly denied the right to marry.

Walker's decision came into question because he was gay and in a long-term relationship. The court is being asked to invalidate the ruling.

District Court Judge James Ware has previously upheld the ruling.

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," Ware ruled in June.

Ware, based in San Francisco, backed the original ruling by Walker that the ban on same-sex marriage in the state was unconstitutional - a violation of equal protection.

The 9th Circuit, in a hearing just over a year ago, indicated it was inclined to toss out Prop 8.

Post by:
Filed under: Justice • U.S.
soundoff (29 Responses)
  1. Philip

    God nor most of US "hate" gays. We hate what they do. We especially hate it when one becomes so filled with lust for young male flesh they actually raype boys and evade statutory raype charges somehow.

    February 7, 2012 at 11:38 am | Report abuse |
    • cmxsmitty

      Gays hate stupid people who can't spell.

      February 7, 2012 at 1:00 pm | Report abuse |
  2. Philip

    @Bill...America is already by far the strongest nation on earth. But as can clearly be seen by observing how our society behaves, might does not make right. We already have bulgeing mustles as a military force. Let's work on our flab and our spreading hiv. Let's work on our exporting of weaponry even to Mexican cartels. Let's work on our public debt, our hocking of our own childrens future to enjoy things for ourselves now. Uncle Sam is mighty. Let's make righty.

    February 7, 2012 at 11:46 am | Report abuse |
  3. Mary

    LMAO "Let's make righty" 🙂 Now I;m gonna be laughing at that one all day.

    February 7, 2012 at 11:57 am | Report abuse |
  4. Cali

    Always remmember that good morales start in the home so if you instill this in your children than you parents do not have to worry as much.and further more educate your children as to whats right and wrong amongst adults and children than thats a powerfull defense. Do before anything happens ,not after the fact. That way your children will have there parents to turn to

    February 7, 2012 at 12:57 pm | Report abuse |
    • banasy©

      I find many of the times, children get their hatred of gays FROM the parents.
      Good post, though, and I get what you’re saying.

      February 7, 2012 at 1:19 pm | Report abuse |
  5. banasy©

    Um… since they upheld the ruling saying it was unconst itutional, it’s a moot point, and I am glad.

    February 7, 2012 at 1:17 pm | Report abuse |
  6. Big Monsters at home...

    ...make little monsters in public. Little mosters throwing fits at Wal-Mart, acting-out their parent's dysfunctional family abuse in public. Mom just tells them to shut-up about it at home, or worse, shoves ritilin or prozac down the kids throat instead of lending him an ear. Poor little feller. So doped-up he even considers suicide.

    February 7, 2012 at 3:45 pm | Report abuse |
  7. Big Monsters at home...

    (grandma died dummy. my mom is still alive. two-time cancer survivor. i didn't even alloow her to give me childrens aspirin or even pepto bismol. she knew better than to tru shoving prozac or ritalin down my throat)

    February 7, 2012 at 3:49 pm | Report abuse |
  8. Big Monsters at home...

    *try shoving mind-altering drugz down my throat. Drugz known to excite suicidal tendancies. Their own warning labels admit this.

    February 7, 2012 at 3:54 pm | Report abuse |
  9. Big Monsters at home...

    Me? Unbeknownst to me as a child, I was playing the role of the *middle child*...the abused child who won't shut the hell up about family abuses no matter how many times enabler mom said stfu.. He has his nose in the middle of everything, and is very very angry that nonody believes him. So angry I thre fits of rage even at school. Now I understand that my acting-out was cries for help. "Help", not drugz.

    February 7, 2012 at 4:07 pm | Report abuse |
  10. Big Monsters at home...

    ...and so I lived much of my life with my nose in everything. TV simply did not satisy my nosiness, and so I never bothered purchasing one, ever. (my corporation did purchase one for the waiting room, to keep customers occupied) Anyway, I am the end product...an adult who was severely abused emotionally, physically, spiritually, and se xually as a child. I've live most of my life stuck in a violent rut...and only after many years of therapy was I able to begin clawing my way out. I still have scars, and a little *blood* oozing from a couple of them. But not the rageing torrent of years ago. Dis me all you want. I am a product of the dystfunctional family unit so commonly found after WWII. So common that today, it's viewed as normal.

    February 7, 2012 at 4:18 pm | Report abuse |
  11. Big Monsters at home...

    ...you didn't find teenage girls wearing dark make-up to school prior to WWII. It was only afterwards, and especially after our se xual revolution of the 60s that we find little girls wearing dark makeup in HS and getting rayped. It is only after then that we see so many reports of boy raype...daily now. It was only after our moms burned their bras...began taking nazi Bayer pharmaceuticals that found their way into their unborn children. The children who survived the coathanger attempt developed ADD and behavioral disorders, and "cured" with what? Their own mothers shoving nazi invented pharmaceuticals down their throats. "Caution: may cause weight gain" equals nationwide obesity epidemic that has spread even to children.

    February 7, 2012 at 4:27 pm | Report abuse |
1 2