Proposition 8 is back in the news after a federal appeals court refused to reconsider a ruling that struck down the ban on gay marriage. Why is this significant? The 9th U.S. Circuit Court of Appeals has set up the U.S. Supreme Court to take the case because it has wound its way through the court of appeals and proponents of a ban have aimed all along to get the nation’s high court to offer a decisive ruling on the matter.
Supporters of the ban must petition the high court and at least 4 justices must agree to take on the case. If that occurs, then during the spring of 2013 the case could finally be heard by Supreme Court Justices. Now that the 9th Circuit reaffirmed its ruling that struck down California's Proposition 8, many believe the chances have only increased that the Supreme Court will take on the case, which has been fought in court for years.
The Associated Press reports that “Gay marriage supporters welcomed the latest news in the long-running legal battle. If the Supreme Court refuses to take up the case and lets the appellate ruling stand, same-sex marriages could be legal again in California by the end of the year. ‘The final chapter of the Proposition 8 case has now begun,’ said American Foundation for Equal Rights co-founder Chad Griffin, whose group is funding the effort to overturn the ballot measure. ‘Should the United States Supreme Court decide to review the 9th Circuit’s decision in our case, I am confident that the justices will stand on the side of fairness and equality.’”
The Chronicle has extensive covearge of the case here.
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