Same-Sex Marriage in California

On Tuesday, the U.S. 9th Circuit Court of Appeals rejected Imperial County’s challenge to U.S. District Judge Vaughn Walker’s ruling that California voter initiative illegally deprives homosexual couples of their constitutional right to equal protection.

Because state officials have refused to defend the marriage ban, Proposition 8 proponents are seeking to defend it in their place. The 9th Circuit Court of Appeals has now asked the California Supreme Court to determine whether these groups have the legal right to defend Proposition 8 in court since the state officials decline to do so.

See Carol J. Williams, Appeals Court Rejects One Challenge to Gay Marriage Ban, Refers Another to State Supreme Court, L.A. Times, Jan. 4, 2011. See also David Lauter, Gay Marriage Opponents’ Right to Defend Ban May be Decided by California Supreme Court, L.A. Times, Jan. 4, 2011.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.