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|California’s Prop 8 battle over gay marriage in court today|
|Written by Ryan Watkins|
|Monday, 06 December 2010 13:12|
A federal court of appeals will hear two hours of oral arguments today regarding California’s Proposition 8, the state constitutional ban on same-sex marriage, according to the Associated Press.
Judge Vaughn R. Walker ruled in August that Prop 8 violated the constitutional rights of gay Californians, but a three-judge panel of the Ninth Circuit Court of Appeals ruled Aug. 16 that gay marriages cannot resume in California until after the court hears an appeal from the groups who fought to uphold Prop 8.
“[T]he exclusion [of same-sex couples from marriage] exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage,” wrote Walker in August. “That time has passed.”
The case has since been appealed, though Attorney General Jerry Brown and Gov. Arnold Schwarzenegger refused to defend the case. Supporters of Prop 8 have had to hire legal representation to defend the measure.
According to the AP, “In the first hour, a three-judge panel will consider if the group that put Proposition 8 on the ballot two years ago is eligible to appeal the lower court decision since its members are not responsible for enforcing the state's marriage laws. In the second hour, the panel will hear arguments on the constitutionality of Proposition 8.”
Click here to watch the hearing live on C-SPAN. Stay tuned for more information as it becomes available.
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