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February 6, 2012 Print

Prop 8 Decision Due From 9th Circuit Tomorrow

by Bruce Hausknecht

The 9th Circuit U.S. Court of Appeals posted a notice today advising that the Court will publish its much-awaited decision regarding the California marriage amendment, Prop 8, tomorrow (Feb. 7) at 10 a.m., Pacific time.

The big legal question involved has a couple parts: Is the California marriage amendment, which defines marriage in that state as between one man and one woman, unconstitutional under the 14th Amendment’s “equal protection” and/or “due process” clauses?

Or, to put the two issues in slightly less legal-speak: 1) Is there a rational basis for defining marriage as between one man and one woman; and 2) Is there a fundamental constitutional right for two homosexuals to marry?

This case has major implications for marriage in all 50 states, so this decision is being watched closely by pro-family groups.

CitizenLink will have more to say after the decision comes down.

If you want a refresher as to what this case is about, I called it the Roe v. Wade of Marriage.



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