Consequential Ruling in CA Family Law: U.S. Appeals Court Deems Prop. 8 Unconstitutional
Posted on Wed, Feb 08, 2012 @ 11:54 AM
In a landmark decision that could have major ramifications for California family law attorneys and same-sex spouses, the U.S. Ninth Circuit Court of Appeals voted by a narrow 2-1 margin to overturn Proposition 8, the controversial same-sex marriage ban that was passed by California voters in Novermber, 2008. This is the first-ever ruling by a federal appellate court to overturn any of the many recently passed state laws that define marriage as the union of a man and a woman.
In the majority opinion, Judge Stephen Reinhardt wrote, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."
The case now moves on to the U.S. Supreme Court. In the meantime, the California ban remains in effect.
For CA Bay Area reactions to the decision, see http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/07/BA1H1N3T1H.DTL#ixzz1lob0HkSX