Experts say the U.S. Supreme Court may not take the Prop 8 case following Tuesday's federal appeals court ruling that same-sex marriage ban is unconstitutional. Legally, it may be too "narrowly written," explains the L.A. Times.
The Supreme Court may be able to "affirm without having to significantly expand on its existing jurisprudence and without having to rule on marriage for same-sex couples on a national scale," said Loyola law professor Douglas NeJaime.
The three panel 2-1 decision by U.S. Ninth Circuit Court of Appeals to overturn the 2008 voter-approved ban could be the last word since the ruling was California specific.
Prop 8 had a double rainbow moment Tuesday morning as the U.S. Ninth Circuit Court of Appeals overturned the California voter-approved ban on same-sex marriage. The ban was ruled unconstitutional in a 2-1 decision. KPCC has in-depth analysis of the three-judge panel's decision, what the ruling may mean for same-sex couples in the state, and what will likely happen next. Local reaction and photos will be updated throughout the day.
The Ninth Circuit Court of Appeals announced Monday that it plans to file opinion in the Prop 8 case tomorrow at 10 a.m.
Announcement from the court:
Advance Notice of Opinion Filing - The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality ofProposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion.
A federal district judge ruled in August 2010 that Proposition 8 -- a 2008 ballot measure banning same-sex marriage in California that was approved by voters -- violated the U.S. Constitution.
Tomorrow's three-judge panel decision by the U.S. 9th Circuit Court of Appeals will determine whether to reverse or uphold the 2010 decision. An appeal to the United States Supreme Court is expected regardless of the outcome.