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The ruling was stayed, pending appeal by the proponents of Prop 8. On February 7, 2012, the Ninth Circuit Court of Appeals, in a 2–1 decision, reached the same conclusion as the district court, but on narrower grounds. The court ruled that it was unconstitutional for California to grant marriage rights to same-sex couples, only to take them ...
The day after the Ninth Circuit dissolved its stay, proponents of Proposition 8 filed an emergency application asking the Supreme Court to enforce the usual 25-day period in which the losing party may make a petition for rehearing; [178] Circuit Justice Kennedy, overseeing the Ninth Circuit, denied the request on June 30, 2013.
In November 2021, the Ninth Circuit agreed to release to the public unsealed videos from the Proposition 8 trial. Supporters of Proposition 8 had argued the videos should remain sealed, but the Ninth Circuit ruled that they lacked standing because they failed to show they would suffer a concrete injury if the videos were made public. [102]
A California LGBT flag at a Prop 8 rally. In February 2012, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld the district court's holding in Perry v. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds. Proposition 8 proponents sought rehearing en banc (meaning review of the decision ...
Ted Olson was conservative lawyer who won friends among liberals
In February 2012, Smith authored a dissent to the Ninth Circuit's decision in Perry v. Brown holding California Proposition 8 unconstitutional. He did agree with the majority that the appellants had standing to bring the appeal, and that Judge Vaughn Walker's decision should not be vacated on allegations of bias. [8]
In December 2012, the Supreme Court agreed to review the 9th Circuit ruling. In June 2013, it held that the proponents of Proposition 8 had lacked standing for their appeals to the 9th Circuit and Supreme Court, which left the district court ruling intact. On June 28, California resumed marrying same-sex couples. [8] [11] [12]
The 9th Circuit also rejected the part of a preliminary injunction that barred enforcement of Hawaii's ban on guns in bars and restaurants that serve alcohol. "In a long line of regulations dating ...