Preposition 8 Appeals Again against Gay Rights


Arlene Bernardino - Posted on 13 June 2011

Preposition 8 Appeals Again against Gay Rights

The people in California conceded the Proposition 8, which states that marriage is only meant for opposite sex. It was in response to a proposal which was sanctioned few months ago permitting the gay couples’ marriage. Preposition 8’s appeal, is a setback for gay rights organization.

Federal District Court for the Northern District of California’s Judge Vaughn R. Walker favoured David Boies and Theodore B. Olson the legal advocates, working under Mr. Griffin’s group, when they challenged the law in 2009 for the gay’s rights.

But now his decision has been questioned again and gone under the United States Court of Appeals for the Ninth Circuit. Now there will be another hearing for the case under another district court judge against Judge Walker’s decision as he himself is discovered as gay.

Andrew Pugno, an advocate defending Proposition 8 said, "The motion is all about the fundamental principle that a judge really can't sit to hear their own case when they have an interest in the outcome".

Professor Rory Little from University of California Hastings Law School is of a distinct view. According to her, “we oppose such cases considering a gay judge, a lesbian judge on sexual bases but such things will arise the issue of straight judges, black judges and female judges and it will become difficult to tackle”.

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