Brody's Notes... U. S. Appeals Court To Issue Ruling In California's Prop 8 Case Tuesday

By Brody Levesque | SAN FRANCISCO, CALIFORNIA -- A spokesman for the the U.S. 9th Circuit Court of Appeals sent a notice Monday that the appellate court will rule Tuesday on the constitutionality of Proposition 8, the 2008 ballot measure that banned same-sex marriage in California. Legal analysts stated that the circuit court's ruling undoubtedly will be appealed to the nation's highest court, which could decide in its 2013 session whether same-sex couples nationwide have the right to marry. The legal experts also agreed that during oral arguments in the hearings, the three appellate court justices appeared to be leaning toward upholding U.S. District Court Chief [retired] Judge Vaughn Walker's ruling striking down the marriage ban.

Walker, a conservative appointed by former President George H. W. Bush, ruled in August 2010 that Proposition 8 violated the due process and equal protection rights guaranteed in the U.S. Constitution.

ProtectMarriage- opponents of same-sex marriage and the sponsors of the sponsors of Proposition 8- had appealed his ruling to the 9th circuit. They argued that Walker should have recused himself from hearing the case because he is gay and has a long-time partner with whom he was not married at the time of his ruling.

The 9th circuit panel will also rule on whether or not ProtectMarriage has legal standing to appeal the case, which the court last year had sent a certified question to the California Supreme Court asking for clarification as to whether is not the proponents do have the right to appeal a ballot initiative when none of the state's constitutional officer's named as defendants chose to do so. The State's High Court indicated that they in fact did, but that it was only applicable in State court actions.

Shannon Minter, the legal director of the National Center For Lesbian Rights, who has been closely following the Prop 8 case told LGBTQNation that "its looking pretty good that the court will affirm the [Walker's] ruling."

"I'm pretty oprtimistic about the outcome," Minter said, "it is very likley it could even be a unamoius decision in favor of upholding Judge Walker's decision."

The 9th Circuit Court panel's decision is scheduled to be released by 10 a.m. Pacific Time Tuesday.