Tweet
A three-judge panel with the 9th U.S. Circuit Court of Appeals is expected to rule Tuesday on whether California's same-sex marriage ban violates the Constitution.
After a two-week trial in 2010, Federal District Court Judge Vaughn Walker -- who has since retired -- overturned the voter-approved measure known as Proposition 8, saying gay and lesbian couples were unfairly denied the right to marry.
Walker's decision came into question because he was gay and in a long-term relationship. The court is being asked to invalidate the ruling.
District Court Judge James Ware has previously upheld the ruling.
"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," Ware ruled in June.
Ware, based in San Francisco, backed the original ruling by Walker that the ban on same-sex marriage in the state was unconstitutional -- a violation of equal protection.
The 9th Circuit, in a hearing just over a year ago, indicated it was inclined to toss out Prop 8.
The state's high court had allowed same-sex marriages in California, but then Proposition 8 passed with 52% of the vote in 2008. Prior to Walker's ruling, the California Supreme Court allowed that initiative to stand, saying it represented the will of the people.
Six states currently grant same-sex marriage licenses -- New York, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. The District of Columbia also does.
Five additional states recognize civil unions, providing state-level spousal rights to same-sex couples. They are Hawaii, Delaware, New Jersey, Illinois and Rhode Island.
Both sides of the dispute acknowledge the issue of same sex-marriage is likely headed to the U.S. Supreme Court, perhaps within the coming year.
Source: CNN