2.12.2012

Prop. 8 decision cites Marx (Groucho), Monroe (Marilyn) and Kennedy (Anthony)

It's not every day that a federal appeals court quoted the late comedian Groucho Marx in the decision, especially as important as the fight against gay marriage in California to overturn Proposition 8.

However, the three-member panel of the U.S. Court 9 th Circuit Court of Appeals did on Tuesday, quoting Marx joke that "marriage is a wonderful institution ... But who wants to live in an institution? "

That's one of the few cultural references (the other is the title of a film of Marilyn Monroe, "How to Marry Millionaire") in a narrow decision depends on whether the State has the right to withdraw the right to marry after extend, as before in California by the decision of the Court of Justice of the great nation.

Federal panel ruled gays and lesbians have a constitutional right to marry, he said, "We do not do so no need to consider whether same-sex couples have the fundamental right to marry. "

However, he says voters can not stop the right of the state, saying it violated the equal protection clause of the Constitution.

Repeatedly cited 1996 decision in U.S. Supreme Court decision setting aside the size of Colorado votes limit specific rights of homosexuals, it seems that the author aims to influence the decision (Romer v. Evans), Anthony Kennedy.

The general opinion is that when Proposition 8 in California reached the Supreme Court, Kennedy will be handled in determining the vote of the other eight judges equally between liberals and conservatives and Kennedy's vote.

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