Ruling Expected Tuesday on Same-Sex Marriage Ban

An announcement is expected Tuesday on the constitutionality of California's Prop 8

By Jonathan Lloyd
|  Monday, Feb 6, 2012  |  Updated 11:47 AM PDT
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Ruling Expected Tuesday on Prop 8

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A same-sex couple hold hands during a sit-in protest when same-sex couples were denied marriage licenses from the San Francisco county clerk on February 14, 2011.

A long-awaited ruling on the constitutionality of California's same-sex marriage ban is expected to be announced Tuesday morning.

Advance Notice of Filing (pdf)

The 9th U.S. Circuit Court announced Monday that the three-judge panel's ruling would be filed Tuesday morning. The ruling is expected to be filed by 10 a.m. PT, according to an announcement on the court website.

The opinion and summary will be posted on the court's website after the filing.

Arguments in the case were heard about a year ago, but the ruling was delayed after the panel sought guidance on whether backers of Prop 8 had the legal authority to challenge the trial judge's ruling. In the 2010 trial, Judge Vaughn Walker ruled the voter-approved 2008 ballot measure was unconstitutional.

Even if the 9th Circuit agrees with Walker's ruling, it's not likely same-sex marriages will immediately resume. Appeals from supporters and opponents of Prop 8 are expected.

Last week, the court ruled that video recordings of the trial -- made at Walker's request to help him reach a decision -- would not be made public. Media organizations and lawyers for the two couples who successfully sued to overturn Proposition 8 in Walker's court petitioned to have the recordings made public.

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