Court Won't Reconsider Rejection of Gay Marriage Ban
SAN FRANCISCO--A federal appeals court won't reconsider a three-judge panel's ruling that overturned Proposition 8's ban on same-sex marriage.
What Proposition 8 did was amend the state's constitution to reinstate a ban on same-sex marriage.
But today the US 9th Circuit Court of Appeals stood by their previous ruling saying that a ban on same-sex marriage is unconstitutional.
In November of 2008 voters made a decision, supporting Proposition 8, and banning same-sex marriage in California. Since then it's been at the center of a heated debate.
In response to the passage of Prop 8, two same-sex couples sued in federal court, arguing Prop 8 violated the U.S. Constitution.
Back in February, a three-judge panel ruled 2 to 1 against the voter approved gay marriage ban saying in their ruling.
"Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California," The U.S. 9th Circuit Court of Appeals said in it's ruling.
But backers of Prop 8 petitioned the 9th Circuit Court of Appeals, asking it to re-evaluate the decision.
Now the federal appeals court has refused to reconsider that ruling. The Alliance Defense Fund is speaking out.
"No court should undercut the democratic process by taking the power to preserve marriage out of the hands of the people. But we are not surprised that this attack on marriage - tried in San Francisco - turned out this way," the Alliance Defense Fund said on their website.
Opponents of gay marriage have said in the past they would go all the way to the Supreme Court if this appeal fell through. Now they have 90 days to do just that.
The decision by the U.S. 9th Circuit Court of Appeals paves the way for a supreme court decision on gay marriage in the coming year.