Mayhem, Appeals to Follow Prop 8 Ruling - NBC Bay Area

Mayhem, Appeals to Follow Prop 8 Ruling

An appeals court will issue a ruling on the state's same-sex marriage ban within the hour, but more legal wrangling will follow.

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    Do I Need a New Mattress?
    Christie Smith
    This is the scene outside the Federal Appeals Court in San Francisco Tuesday morning.

    An appeals court will issue a ruling on the legality of the state's voter-approved ban on same-sex marriage at 10 a.m. today.

    The court ruled Prop. 8 is unconstitutional. Read update here.

    The Ninth Circuit Court of Appeals is expected to release its decision on the constitutionality of Proposition 8 as well as a decision on whether former U.S. District Court Judge Vaughn Walker -- who in 2010 ruled that Prop 8 was illegal under the US Constitution, which guarantees equal protection under the law -- should have recused himself from ruling on the case because he is gay.

    Another U.S. judge last year ruled that Vaughn did not have to recuse himself. This decision is a decision on an appeal of that ruling.

    Following the ruling, pandemonium of one nature or another is sure to unfold, followed by more legal wrangling.

    Though Prop 8 has been declared invalid, a judge granted a stay on the decision -- meaning it is still the rule of law in California -- while the legal wrangling continues. And continue it will. Both same-sex marriage supporters and opponents have promised to appeal Tuesday's ruling, whatever it may be.

    The eventual stop is the Supreme Court of the United States, whose word is final, and who will eventually be called upon to decide if same-sex partners can marry in California, legal observers say.

    But after the 10 a.m. decision, there's going to be press conferences, rallies, and demonstrations. Here's a quick rundown, via The Appeal:

    At 11 a.m., San Francisco City Attorney Dennis Herrera will host a news conference in the South Light Court of City Hall to make a statement and answer questions about the ruling.

    According to Marriage Equality USA, "same-sex couples, friends, family and clergy" will gather at the Courthouse steps (95 7th Street at Mission) at 9:45 AM Tuesday. "The Court will release the ruling at 10:00 AM. Those gathered will then walk to the steps of San Francisco City Hall, where clergy will bless the unions of couples unable to marry because of Prop 8."

    At 5 p.m., a community rally will be held at Castro and Market, Marriage Equality USA says.