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Appeals Court Says Proposition 8 Is Unconstitutional

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LOS ANGELES (CBS) — A key ruling on Proposition 8, which prohibits same sex marriage in California, was handed down Tuesday morning.

Judges in the Ninth Circuit Court of Appeals in San Francisco ruled that the voter-approved injunction on same-sex marriage is unconstitutional.

The decision upholds Judge Vaughn Walker’s ruling from August of 2010.

Proposition 8 supporters say the issue will likely go to the U.S. Supreme Court.

“The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision,” Gov. Jerry Brown said in a statement.

Andy Pugno, general counsel for the ProtectMarriage.com coalition, the official proponents of Proposition 8, issued the following statement:

“It’s no surprise that the 9th Circuit’s decision is completely out of step with every other federal appellate and Supreme Court decision in American history on the subject of marriage. Ever since the beginning of this case, we’ve known that the battle to preserve traditional marriage will ultimately be won or lost not here, but rather in the U.S. Supreme Court. We will immediately appeal this misguided decision that disregards the will of more than 7 million Californians who voted to restore marriage as the unique union of only a man and woman. We are confident that the rights of California voters will finally win out. With the sponsorship of the Hollywood elite, this lawsuit has been pushed forward as an assault on traditional marriage, with the help of a judge who failed to disclose his own long-term homosexual relationship while presiding over a case seeking the legalization of same-sex marriage. Although the court was deeply divided in its ruling against Proposition 8, the court also confirmed what the California Supreme Court has already concluded: that we have legal standing as representatives of the voters to assert California’s interests in the validity of Prop 8.  Our path to the U.S. Supreme Court is now very clear.  We are confident that the law, history, and the repeatedly expressed will of the American people will eventually gain a fair hearing, and traditional marriage will be upheld and protected.”

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