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Proposition 8 Gay Marriage Ban Federal Appeals Hearing: What To Watch For

Paresh Dave |
December 5, 2010 | 11:02 p.m. PST

Executive Producer

Creative Commons image of gay rights supporters.
Creative Commons image of gay rights supporters.
Beginning at 10 a.m. Monday morning on C-SPAN, three federal circuit judges will hear oral arguments in an appeal of a ruling in Perry v. Schwarzeneggar that a ban on gay marriages in California is unconstitutional because it violates the equal protection everyone in America is entitled to.

The ban was put in place after California voters passed Proposition 8 in 2008.

  1. If you want a quick 200-word history lesson about how California got this point during the past decade, NPR has you covered. For a much longer version, check out MetroWeekly. To provide some context, the Wall Street Journal has a slick infographic showing how the other states stand on gay marriage.
  2. The first hour of the two-hour hearing will focus on whether supporters of the gay marriage ban can even appeal. On the face of it, the appellants--Imperial County and Protectmarriage.com--don't exactly seem like they are directly harmed by gay marriage. The second hour would be useless if judges seem inclined to deny gay marriage ban supporters a chance to appeal.
  3. The second hour deals with the actual legality of Prop 8. Gay marriage supporters will base their argruments on the decision of federal judge Vaughn Walker that's being appealed. How critical the appellate judges are in questioning his decision will offer clues to how they will rule.
  4. Experts quoted in the L.A. Times say the reactions of the moderate judge on the panel--as opposed to the liberal one and the conservative one--will be the biggest key.
  5. You can also find the full legal briefs for Monday's hearing here. For the short version, check out the San Francisco Chronicle.

A decision from the appeals panel probably won't come until early 2011. Whichever side loses will appeal to either a larger panel of circuit judges or to the U.S. Supreme Court.

The Dallas Voice has another nice primer of Monday's Prop 8 hearing.

Reach executive producer Paresh Dave here. Follow him on Twitter: @peard33.



 

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