Prop. 8 declared unconstitutional by 9th Circuit Court; stay prevents same-sex marriages from resuming

SAN FRANCISCO — A three-judge panel of the 9th Circuit Court of Appeals ruled this morning that California's Proposition 8 is unconstitutional, but a stay remains in place preventing same-sex marriages from resuming in the state and the case of Perry v. Brown is likely headed to the U.S. Supreme Court.

The 2-1 decision affirmed Judge Vaughn R. Walker's decision in the Federal District Court — but narrowed the scope to only apply to California.

Judge Stephen Reinhardt wrote the opinion and was joined by Judge Michael Hawkins. "Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California," Reinhardt wrote.

Judge N.R. "Randy" Smith concurred with the majority that the appellants had standing to appeal, and that the motion to vacate the judgment should be denied. However, Smith voted against the appeal and wrote a dissent. "Ultimately, I am not convinced that Proposition 8 is not rationally related to a legitimate government interest. I must therefore respectfully dissent."

Reaction on both sides was swift.

"This decision is not entirely unexpected given the judges assigned to the case, but that doesn't make it any less disturbing," said Bill Duncan, director of the Marriage Law Foundation, a non-profit legal organization whose mission is to reaffirm the legal definition of marriage. "There is nothing in the U. S. Constitution that requires, or even allows our courts to define marriage contrary to a millennia of human history."

The Church of Jesus Christ of Latter-day Saints, which had actively worked to pass Prop. 8, issued a statement that regretted the court's decision. "California voters have twice determined in a general election that marriage should be recognized as only between a man and a woman," LDS Church spokesman Scott Trotter said in the statement. "We have always had that view. Courts should not alter that definition, especially when the people of California have spoken so clearly on the subject."

Brandie Balken, executive director of Equality Utah, a gay rights advocacy group, said her group celebrated with the long-term committed couples in California. "Today's ruling may well, and likely will, lead to this being heard before the Supreme Court," she said. "But regardless of today's decision, it is still legal in the state of Utah to be fired from your job or evicted from your home based upon your sexual orientation or gender identity."

Republican candidate Mitt Romney said the ruling was relevant in the 2012 presidential election.