By Arturo R. García
The fight for marriage equality isn’t over yet. But Tuesday brought with it a huge win for opponents of California’s Proposition 8, as a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled the law was unconstitutional, possibly sending the case to the U.S. Supreme Court.
Prop 8, which had banned same-sex marriages, was approved by California voters in 2008, overturning a California State Supreme Court ruling. In 2010, U.S. District Judge Vaughn Walker ruled it was unconstitutional, a decision the panel upheld in a 2-1 vote. The panel also ruled Walker, now retired from the bench, did not have to vacate his decision for not revealing his own same-sex relationship at the time of his ruling. Walker’s decision to keep his ruling under a court seal was also upheld.
Despite the panel’s ruling, however, LGBT couples still cannot get married; the law will remain in place during a two-week period the law’s supporters have to determine whether they will appeal to a larger 9th Circuit panel, or go directly to the Supreme Court. Some legal experts have suggested the higher court might leave the case alone.