national
Gay marriage before nation’s largest appeals court
Published Thursday, 12-Aug-2010 in issue 1181
SAN FRANCISCO (AP) - The judge who overturned California’s gay marriage ban was unrelenting in his repudiation of the measure, saying such laws are mean-spirited and unconstitutional to the core.
It was a harsh yet carefully worded ruling that some experts said would be tough to overturn as the landmark legal debate goes to the appeals court and then possibly to the U.S. Supreme Court. Others say the power of conservative judges on those courts could be enough to thwart gay marriage and stop the movement in its tracks.
Sure to be at the center of the debate is whether California’s Proposition 8 violates the 14th Amendment, which guarantees equal protections for all and declares that government won’t take away “life, liberty or property” without due process.
U.S. District Judge Vaughn Walker said on several occasions in his ruling that he believes gay marriage bans clearly deprive people of those rights.
Walker’s ruling offers a preview of some of the arguments that will play out on the 9th U.S. Circuit Court of Appeals - the nation’s largest and most unpredictable federal appeals court.
Experts say the court will play a huge role in determining the future of the case.
A randomly selected three-judge panel of the court will consider the case next.
Legal experts such as Stanford University law professor Michael Wald said that Walker’s opinion was strongly worded, well-reasoned and could be difficult to overturn.
“Walker held that there is one fundamental right to marry and excluding gays from enjoying that right is unconstitutional,” Wald said.
Legal experts said the case could easily end with a politically conservative panel of the 9th Circuit reinstating the marriage ban and the U.S. Supreme Court refusing to get involved.
Even though the court is known as a liberal one, the 27 active judges sitting on the court represent every conceivable point along the political spectrum. Its judges are drawn from the nine western states where its decisions are law.
The 9th Circuit also has the power to authorize marriages while it considers the appeal, though most experts believe the court will keep California’s gay marriage ban in place until it decides the issue. l
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