Prop 8 Moves Closer to Supreme Court

The battle over Prop 8 took a step closer to the U.S. Supreme Court Tuesday when a federal appeals court declined to revisit the case.

The full 29-member 9th U.S. Circuit Court of Appeals, based in San Fracncisco, decided not to reconsider the February ruling of a three-judge panel which found that Prop 8 was unconstitutional.

That panel said that the amendment to California’s state constitution banning same-sex marriage was at odds with U.S. Constitution's 14th Amendment guaranteeing equal protection under the law.

The appeals court ruling gives supporters of Prop 8, which was passed in 2008 via a voter initiative, 90 days to appeal the case to the U.S. Supreme Court, an action virtually guaranteed of happening.

The top U.S. court could agree to hear the case in the session beginning in October, in which case it would decide the matter within a year. The court could also decline to review Prop 8.

In West Hollywood, residents seemed excited by the news, but distracted by everything else happening in town between the state elections and this weekend’s gay pride celebration.

Resident Tom Danvers called it good news, but was not yet ready to celebrate. “There’s no telling what the Supreme Court will do,” Danvers said.

“We’re getting there,” said Alex Davis, enjoying drinks with friends at Mickey’s. “I’m not ready to go out and buy wedding rings yet, but it’s looking more hopeful every day.”

Los Angeles Mayor Antonio Villaraigosa called the appeal’s court decision a “victory for love” and a “momentous step on the path to full equality and dignity for all Californians and all Americans.”

“With its decision, the court has once again affirmed a basic American truth: bigotry and bias have no place in our laws,” said Villaraigosa in a statement. “Tomorrow we [begin to] prepare for the hoped-for last chapter in our decades long fight for marriage equality: a ruling by the United States Supreme Court. Between now and then, we will continue to make our case: love doesn’t care if you’re gay or straight, love doesn’t discriminate.”

President Barack Obama made gay marriage into a 2012 campaign issue in early May, saying he believed same-sex couples should be able to marry. Republican presidential candidate Mitt Romney opposes gay marriage.

Eight states have approved gay marriage – Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. The Maryland and Washington laws are not yet in effect and may be subject to referendums.

Last week, the 1st Circuit Court of Appeals in Boston ruled that the federal Defense of Marriage Act (DOMA) was unconstitutional because it denied benefits to same-sex couples in states where gay marriage is legal. That case is also likely to be appealed to the U.S. Supreme Court.

The justices may agree to hear both cases or just one or neither. If the Supreme Court takes up just one of the cases, experts believe it is more likely to be the DOMA because that involves striking down an act of Congress.