Hundreds march in West Hollywood after Prop 8 declared unconstitutional (KTLA-TV) |
WEST HOLLYWOOD (KTLA) -- Hundreds marched in West Hollywood Tuesday night to celebrate the ruling by a federal appeals court that Prop 8 violates the rights of gays and lesbians, and is therefore unconstitutional.
The 2-1 by a three-judge panel from the 9th U.S. Circuit Court of Appeals was issued Tuesday morning.
"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 court said in its ruling.
"Today, freedom has won and fear has lost," Los Angeles Mayor Antonio Villaraigosa said after the decision.
But supporters of Prop 8 -- a 2008 ballot measure that limited marriage to one man and one woman -- are already vowing to appeal.
The panel's ruling upheld a decision by Chief U.S. District Judge Vaughn R. Walker in 2010 that Proposition 8 violated the U.S. Constitution.
In a separate decision Tuesday, the appeals court refused to invalidate Judge Walker's decision.
Walker, a Republican appointee who is openly gay, said after his ruling that he had been in a relationship with another man for 10 years.
Now, the stage is set for a battle that is expected to go all the way to the U.S. Supreme Court.
Prop 8's backers can appeal the ruling to a larger panel of the 9th Circuit, which would delay U.S. Supreme Court review for many months or longer, or go directly to the high court.
The Supreme Court could decide next year whether gays and lesbians nationwide have the right to marry.
The 2-1 by a three-judge panel from the 9th U.S. Circuit Court of Appeals was issued Tuesday morning.
"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 court said in its ruling.
"Today, freedom has won and fear has lost," Los Angeles Mayor Antonio Villaraigosa said after the decision.
But supporters of Prop 8 -- a 2008 ballot measure that limited marriage to one man and one woman -- are already vowing to appeal.
The panel's ruling upheld a decision by Chief U.S. District Judge Vaughn R. Walker in 2010 that Proposition 8 violated the U.S. Constitution.
In a separate decision Tuesday, the appeals court refused to invalidate Judge Walker's decision.
Walker, a Republican appointee who is openly gay, said after his ruling that he had been in a relationship with another man for 10 years.
Now, the stage is set for a battle that is expected to go all the way to the U.S. Supreme Court.
Prop 8's backers can appeal the ruling to a larger panel of the 9th Circuit, which would delay U.S. Supreme Court review for many months or longer, or go directly to the high court.
The Supreme Court could decide next year whether gays and lesbians nationwide have the right to marry.
