The Court of Appeals is looking to strike down California’s gay marriage ban.
June 6, 2012– On Tuesday, a court of appeals upheld its decision to strike down the law in California that bans gay marriage. The move is expected to take the case to the country’s highest court. In February, the Court of Appeals ruled than a new amendment to the state’s constitution that banned same-sex marriages violated due process principles and equal protection that is guaranteed under the law.
Those in support of the ban had requested the federal court in San Francisco to re-hear arguments “en banc” with all 11 judges, instead of the original three judges who ruled on the case in February. However, the seven-page decision on Tuesday concluded that their petition for an en banc rehearing had been denied.
In 2008, gay marriage won for a brief period, but was later banned by the referendum Proposition 8, which rewrote the constitution of the state to restrict all marriages to just union between two members of the opposite sex.
The three-judge ruling by the appeals panel in February was 2-1 that a previous court had declared properly that the ban was violating the U.S. Constitution. The panel said the Proposition had not effect except for lessening the human dignity and status of lesbians and gays throughout California.
Gays and lesbians still cannot wed due to the latest decision, as the current ban is still in place until the final appeal is ruled on by the Supreme Court.