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Ninth Circuit finds Proposition 8 same-sex marriage ban unconstitutional

In a 2-1 split decision, a panel of the U.S. Court of Appeals for the Ninth Circuit found that California's 2008 law known as Proposition 8, a voter-determined ban on same-sex marriage in California, violated the equal protection clause of the Fourteenth Amendment. Judge Stephen Reinhardt's 89-page opinion is almost certain to be challenged via either an appeal for en-banc review or a petition for a writ of certiorari.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.