Taking a narrow approach in deciding the blockbuster challenge to California’s ban on gay marriage, a split 9th Circuit panel on Tuesday found Proposition 8 unconstitutional. Plaintiffs lawyers acknowledged that the scope of the holding may make the opinion somewhat less likely to be reviewed by the Supreme Court.
A federal appellate panel ruled on Thursday that a San Francisco judge abused his discretion by ordering the release of a video recording of the trial over California’s Proposition 8, saying that he ignored a promise upon which supporters of the ban on gay marriage relied.
Proposition 8 backers trying to preserve California’s gay marriage ban in federal courts likely won’t be blocked by the state Supreme Court.
Proposition 8 supporters have tossed another grenade at the judge who struck down California’s gay marriage ban, saying in a motion that former Chief Judge Vaughn Walker’s judgment should be vacated because he may have had a personal interest in the outcome.
Without weighing in on the constitutionality of the Defense of Marriage Act or the Obama administration’s position on gay marriage, a California judge has rejected a federal court employee’s effort to get federal health benefits for her wife.