Liberal, moderate, conservative judges will decide fate of Prop. 8

The federal appeals court panel that will decide the legality of Proposition 8, the 2008 ballot measure that banned same-sex marriage in California, represents a broad ideological spectrum of the judiciary.

The U.S. 9th Circuit Court of Appeals announced Monday that Stephen Reinhardt, the liberal lion of the circuit, will decide the case along with Michael Daly Hawkins, a moderate appointed by President Clinton, and N. Randy Smith, a conservative named to the court by President George W. Bush.

The panel is scheduled to hear arguments on Dec. 6 in San Francisco.

The appeals court has asked attorneys on both sides to devote the first hour of the hearing to arguments on whether anyone has the legal authority to appeal the August federal district court ruling that found the measure unconstitutional.

The second hour will be spent on questions concerning the measure's constitutionality.

California voters resurrected the state's ban on same-sex marriage with the November 2008 ballot initiative. The ruling against Proposition 8 by U.S. District Judge Vaughn Walker is on hold pending the 9th Circuit's decision.

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Photo: Supporters of Proposition 8 rally in West Hollywood earlier this year. Credit: Los Angeles Times

Comments

[Brian Boitano]

This is unchristian. Its not ok for my son or daughter to learn that its ok to maary a person of same sex.
No to prop 8.

[Matt]

The one thing these judges will agree on is that Prop 8 violates the word and the spirit of the Constitution.

[CB]

If churches don't want to marry people of the same sex then leave it to them. The government should not decide who can and who cannot marry.

And Brian, if you are this christian man, don't you want yes on 8 to ban it?
There are gay christians out there too.

[Andy P]

The US Constitution says that the Government shall not endorse any religion. Brian and others are entitled to your christian beliefs and I an entitled not to have them forced on me.

[Jon in Long Beach]

Brian Bointano (fake name for sure).

Most christians are unchristian anyway....go live somewhere else. This is America and justice will privail. Religion will not! In fact, religion is loosing and becoming a thing of the past for obvious reasons - religious freaks are out of touch with reality.

Your son or daughter will live in a better world but not because of you. That is if you don't poison their mind with your delusional belief system.

[Jennifer]

Hilarious that the first poster Brian Bointano wrote "No to Prop 8". He clearly has no idea about the case. He shows he doesn't understand that the "No on Prop 8" side are against FOR same sex marriage.

I agree with you Brian. NO on Prop 8!