Court: Prop 8 Appeal Thrown Out

WASHINGTON (KRON) – The Ninth Circuit Court of Appeals says it will take at least 25 days before it clears same-sex marriages to resume in California.

The court’s announcement comes just hours after the U.S. Supreme Court ruled 5-4 that it does not have jurisdiction to decide the constitutionality of Prop 8, the voter approved initiative defining marriage as involving one man and one woman.

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” Chief Justice John Roberts wrote in his majority opinion. Justices Scalia, Ginsburg, Breyer, and Kagan voted with the Chief while Justices Kennedy, Thomas, Alito, and Sotomayor dissent.

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That means two Berkeley women have had their decade-long quest to have be legally married finally settled.

The United States Supreme court ruling involves Kris Perry and Sandy Stier who are the plaintiffs challenging Proposition 8, California’s voter-approved ban on same-sex marriage.

Perry and Stier have been a couple since 1997. Perry asked Stier to marry her in 2003, even though the couple knew it would have to be symbolic. But a year later, they were able to marry legally after the City of San Francisco began issuing marriage licenses to same-sex couples. Six months after that, California’s Supreme Court invalidated same-sex unions.

They are the parents of four boys.

The Ninth Circuit says it could delay the marriages even longer if there is a request for a re-hearing in the case.

(Copyright 2013, KRON 4, All rights reserved.)

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