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Ninth Circuit announces it will rule on Prop 8 constitutionality tomorrow

Patricia Nazario/KPCC

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.

The opinion will also likely address Prop 8 proponents' argument that "the federal court ruling should be thrown out on the basis that the judge in that case, Vaughn Walker, should have recused himself from the case because of his own sexual orientation," notes Capitol Alert.

Last week, a federal appeals court in San Francisco decided not to release to the public a video of the Proposition 8 trial that led to striking down California ban. 


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