Tag Archives: ninth circuit court of appeals

I believe that the tendency to classify all persons who oppose [this type of relationship] as ‘prejudiced’ is in itself a prejudice,” a psychologist said. “Nothing of any significance is gained by such a marriage. — Loving v. Virginia

The Supreme Court of the United States (SCOTUS) handed down rulings this week concerning marriage equality in law for same sex couples at the federal and state levels. The Defense of Marriage Act (DOMA), the law which prohibited the federal government from recognizing same sex marriages, was declared unconstitutional and the court refused to hear the appeal of Proposition 8 in California, the ballot measure that changed the California Constitution to add a new section 7.5 to Article I, which reads: “Only marriage between a man and a woman is valid or recognized in California.” Proposition 8 was declared unconstitutional by a lower court, the Ninth Circuit Court of Appeals, in 2012 and the government of California chose not to defend the law on its appeal to SCOTUS. Consequently, a majority of the Justices refused to hear the appeal on the grounds the appellants did not have the constitutional authority, or legal standing, to defend the law in higher courts after the state refused to appeal its loss at trial. These rulings are the latest in an interesting history of legal battles over the definition of marriage in the United States.
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