2.14.2012

Prop 8 Decision Written For Justice Kennedy

This is the conclusion of the majority of the judges of the Circuit Court of Appeals 9 as it failed the California ban on gay marriage, proposition 8 is unconstitutional.

The court has missed the broader question of whether a gay marriage ban unconstitutional, limiting its decision purely on the proposition 8, but gave no reason to think that 128 pages will be safe. 8 Supporters of the proposal may file a petition for rehearing en banc, which means that before the judge panel of 11 judges of the Ninth Circuit, or they can go directly to the Supreme Court.

And if it is considered a right of appeal to the Court Roberts, Judge Stephen Reinhardt ensure that the voice key Court Justice Anthony Kennedy, listen. Framing the problem is all in the appellate practice, and the opinion of Reinhardt in the Ninth Circuit in the area of ​​Romer v. Evans, struck a key 1996 case written by Justice Kennedy of Colorado law unconstitutional by gay and lesbian elected to unfair treatment and prevention of the rights of legal rights.

Reinhard took the opinion that Kennedy and driven home to frame the problem, often cited decision. "Proposition 8 points to same-sex couples to unfair treatment of their own, keeping the right to marry," says Reinhard. In framing this narrow way in making it only applies to California, but broad in its rhetoric, the decision of Judge Kennedy, the Court must make the case, how an alliance with the liberal wing of the Court and find Prop 8 unconstitutional without having to make a broad statement of the law governing the whole gay marriage law currently on the books.

This is how the constitutional changes that occur. Gradually. One case at a time. Now his decision is a step towards the inevitable acceptance of gay marriage and equal rights, status and privileges as heterosexual marriage.

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