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SUPREME COURT PUNTS ON PROP 8 - Gay Marriage Becomes Legal In California

Brett LoGiurato   

SUPREME COURT PUNTS ON PROP 8 - Gay Marriage Becomes Legal In California
Politics1 min read

California Prop 8 Supreme Court

REUTERS/Jonathan Ernst

Kris Perry (2nd L), Sandy Stier (3rd L), Paul Katami (3rd R) and Jeff Zarrillo (R), plaintiffs in the case against California's gay marriage ban.

The Supreme Court on Wednesday punted on a sweeping decision on California's Proposition 8, effectively making gay marriage legal in California.

The court dismissed an appeal to the state's gay marriage ban, ruling that petitioners did not have standing to appeal the law. It means that the Ninth Circuit Court's decision that the ban on same-sex marriage is unconstitutional will remain in effect.

The high court also struck down a key part of the Defense of Marriage Act on Wednesday, which denied federal benefits to same-sex couples. The two decisions were viewed as significant victories for gay rights and gay marriage advocates.

The court was divided along ideological lines on the issue. Chief Justice John Roberts wrote the opinion for the majority. Conservative Justice Antonin Scalia joined liberal Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan joined Roberts.

Proposition 8 is the California referendum banning gay marriage, and its resolution comes after years of legal battles.

The law was approved by California voters in 2008. After legal challenges, United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010 in the case Perry v. Schwarzenegger. A Ninth Circuit Court of Appeals panel affirmed that decision, which said that it violated both the Due Process and Equal Protection clauses of the United States Constitution.

During oral arguments, Supreme Court justices asked seemingly skeptical questions about the ban in the case Hollingsworth v. Perry, including the conservative-leaning Chief Justice John Roberts and Justice Anthony Kennedy. In December, the Supreme Court granted the review of the ban.

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