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COOKIES & PRIVACY POLICY

Opponents of same-sex marriage fight for right to defend Proposition 8

A California Supreme Court is set to review whether supporters of Proposition 8 can defend the initiative after a judge ruled it unconstitutional.

Peter Lloyd

Tue, 06 Sep 2011 13:03:08 GMT | Updated 1 years today

It is the latest battle against same-sex marriage equality in the US state.

 

As reported on DIVA, Federal Judge Vaughn Walker ruled in July 2010 that Proposition 8 violated equality measures under the US constitution.

 

It followed a thirteen-day hearing which was watched intently by gay equality advocates and the media alike.

 

Immediately after the ruling, proponents of the gay marriage ban filed an appeal with the U.S. Ninth Circuit Court of Appeals and now a California Supreme Court will assess whether they have the legal authority, or standing, to pursue an appeal.

 

The hearing is expected to start next Tuesday.

 

If the court rules that Proposition 8 supporters don't have standing, Judge Walker's decision that California's ban on same-sex marriage is unconstitutional would likely survive.

 

The California Supreme Court's decision is expected within 90 days.

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