The 9th Circuit Court of Appeals has refused to review a ruling from earlier this year that overturned California’s Proposition 8, which banned homosexual “marriage.” The case now heads to the Supreme Court.
The decision on Tuesday was divided, with three judges dissenting. Those that disagreed with the majority stated that the federal court’s ruling in February was a “gross misapplication” of constitutional law, which “roundly trumped California’s democratic process.” One of the judges, Diarmuid O’Scannlain, wrote, “Even worse, we have overruled the will of 7 million California Proposition 8 voters.”
Ted Olson, former Solicitor General for George W. Bush, has been representing those who wish to overturn Proposition 8.
“We are not at the end of the line yet, but we are vastly closer,” he said, following Tuesday’s ruling.
In February of this year, a three-judge panel issued a split 2 to 1 decision, upholding a district court ruling from Judge Vaughn Walker. However, the panel stressed that it “held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid.” It stated further, “In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage.”
If the case is accepted by the Supreme Court, it could be decided as early as next year.