In February of this year, the 9th Circuit U.S. Court of Appeals affirmed a U.S. District Judge’s ruling that California’s Proposition 8 banning gay marriage was unconstitutional.  On Tuesday, June 5, 2012, the 9th Circuit refused to reconsider its February ruling.  Supporters of Prop 8 will now petition the U.S. Supreme Court to review the 9th Circuit’s ruling.  Prop 8 remains in effect in California for now and gay marriages will not be lawful there pending resolution of the Supreme Court appeal.

If the Supreme Court declines review, the 9th Circuit’s ruling will stand, Prop 8 will be invalidated, and gay marriage will again be legal in California.  If the Supreme Court accepts review, Prop 8 will remain in effect until the Supreme Court renders its decision.

As reported by the Associated Press on Tuesday, June 5, 2012, a Massachusetts case involving similar issues may reach the Supreme Court at the same time as the Prop 8 case, which may increase the likelihood that the Court will accept review.  On the other hand, “because the 9th Circuit limited its decision

[in the Prop 8 case] to California instead of ruling that gay-marriage bans are inherently unconstitutional, the Supreme Court might be inclined to let it stand . . . .”  Associated Press, June 5, 2012.   To read the complete AP article, click on the following link:   http://hosted2.ap.org/CARIE/6b85546689744819aa7a64cd3ca6cee6/Article_2012-06-05-Gay%20Marriage%20Trial/id-3515b968fc5d45318a1458352e080e4d

Of course, I will continue to monitor this issue and will post news updates on the gay marriage cases they progress through the legal system.

Copyright © 2012 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.