Prop 8 ruling due Tuesday; WeHo rally at 6 pm

February 6, 2012

After a five month wait, the US 9th Circuit Court of Appeals plans to release its ruling on the state’s Proposition 8 on Tuesday, February 7, 2012.

Photo by Dave Cantor.

The proposition stripped California couples to the right to marry.

It was struck down as unconstitutional by federal court Vaughn Walker in 2010, partly on the issue of “standing.”

This ruling will determine the issue of “standing” to defend the initiative in the face of state officialdom’s failure to do so.

Both former-governor Arnold Schwarzenegger and then-attorney general Jerry Brown declined to appeal the Walker decision, forcing the initiative’s proponents to defend the measure.

The three-judge panel will issue the ruling on standing on Tuesday  at 10 am.

The ruling, no matter which way it goes, will mark only a stop along the way to the Supreme Court, which most observers predict will take up the case.

The court has set up a website just for information about the case. 

No matter the outcome, the traditional rally will take place at the West Hollywood intersection of Santa Monica and San Vicente Boulevards, according to the Mayor.

Mayor John Duran tweeted that the 6:00 pm city-sponsored rally would happen whether Prop 8 fell or not.