Ninth Circuit Prop 8 Ruling on Tuesday

The U.S. Court of Appeals for the Ninth Circuit's public information office expects a ruling on Tuesday, Feb. 7 in the Perry v. Brown case challenging the constitutionality of Proposition 8.

The long anticipated ruling is expected to address three issues: (1) whether former U.S. District Court Judge Vaughn Walker should have recused himself from hearing the case because he is gay and had a long-time partner with whom he was not married; (2) whether the proponents of Proposition 8 have the right to appeal Walker's decision striking down Proposition 8 as unconstitutional when none of the state defendants chose to do so; and (3) whether, if Walker did not need to recuse himself and the proponents do have the right to appeal, Walker was correct that Proposition 8 violates Californians' due process and equal protection rights guaranteed in the U.S. Constitution.