An Update on the Status of Prop. 8

From the Blog for the Alliance Defending Freedom.

To summarize, federal district court Judge Vaughn Walker issued a memorandum opinion declaring that California’s Prop. 8 is unconstitutional. The Ninth Circuit affirmed. The U.S. Supreme Court vacated the Ninth Circuit’s opinion which is now null and void. The power of a federal district court only extends to the legal rights of the litigants before it; a federal district court lacks authority to settle questions of constitutionality (or nullify laws altogether) — only a court of appeals may do that. Thus, while the principal litigants in the Perry v. Hollingsworth case are legally entitled to obtain their marriage licenses from the state, the ADF argues Prop. 8 remains on the books as valid law for everyone else, until a court of appeals decides the matter.


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