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Prop 8 (2008 CA voter-approved ban on same-sex marriage) Headed to U.S. Supreme Court...Which May Or May Not Hear Appeal Of Ruling Striking Measure Down

VIDEO TELLS AMECO SOLAR'S STORY. AND CLICK HERE TO HEAR AMECO PRESIDENT PATRICK REDGATE EXPLAIN WHY SOLAR MAKES SUCH GOOD SENSE.

(June 5, 2012) -- Proposition 8 -- the Nov. 2008 statewide ballot measure forbidding same-sex marriage in CA -- is headed to the the U.S. Supreme Court...which may or may not hear the case.

This morning, the 9th circuit U.S. Court of Appeal refused grant a rehearing en banc (panel of 11 judges) of a ruling by a three judge appeals court panel that held the measure unconstitutional in a 2-1 ruling. A federal district court judge in SF previously struck the measure down. The CA Supreme Court upheld the measure, after which Prop 8 opponents sought review in the federal courts.

Prop 8 supporters have one judicial remedy left: to seek review in the U.S. Supreme Court in an effort to reinstate Prop 8's ban on same-sex marriage in CA. Four U.S. Supreme Court Justices could choose to agree to hear the case...but it would take five Justices to decide the matter.

It's not a foregone conclusion that the U.S. Supreme Court will agree to hear the case...and if it does hear the case, it's not clear that its ruling will decide the constitutionality of same-sex marriage nationally (the 9th circuit Court of Appeal struck Prop 8 down on relatively narrow statewide grounds).

Or the U.S. Supreme Court could decide the issue of same-sex marriage constitutionally once and for all.

Proposition 8 was a state constitutional amendment, placed on the November ballot by petition signatrues, reversing a CA Supreme Court ruling (4-3) that made same sex marriage a state constitutional right. The vote tally reported on the CA Secretary of State website as of Nov. 18 was 52.2% (yes) to 47.8% (no).

Prop 8 didn't win a majority citywide in LB...but did carry in five of nine Council districts. The unofficial tally of LB votes (citywide) on Prop 8 was 47.5% (yes) to 52.5% (no). It had majorities in Council districts 5, 6, 7, 8 and 9, but failed with large "no" votes (more than two to one) in the 2nd Council district (69% "no" votes) and a large number of "no" votes in the 3rd Council district.



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