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Federal judicial panel rules California Proposition 8 unconstitutional

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WASHINGTON (CNS) -- By a 2-1 vote, a three-judge panel of the U.S. 9th Circuit Court of Appeals struck down the California ban on same-sex marriage, saying that it violates the 14th Amendment to the U.S. Constitution, which guarantees citizens due process and equal protection under the law. The majority opinion, issued Feb. 7, said that the state, which had given homosexual couples the right to marry, could not revoke that right. The National Organization of Marriage Education Fund, in a statement issued by its director, Brian S. Brown, accused the judges of "finding a 'right' to same-sex marriage in the United States Constitution! This sets up an all-or-nothing showdown at the United States Supreme Court," said Brown, who asked for contributions to help fund a possible Supreme Court challenge to the lower court's ruling. Auxiliary Bishop Gerald E. Wilkerson of Los Angeles, president of the California Catholic Conference, expressed disappointment in the ruling but also confidence that it would be reversed. "We are disappointed by the ruling today by a panel of the 9th Circuit that would invalidate the action taken by the people of California affirming that marriage unites a woman and a man and any children from their union," he said in a Feb. 7 statement. "However, given the issues involved and the nature of the legal process, it's always been clear that this case would very likely be decided by the U.S. Supreme Court. Marriage between one man and one woman has been -- and always will be -- the most basic building block of the family and of our society," Bishop Wilkerson added. "In the end, through sound legal reasoning, we believe the court will see this as well and uphold the will of the voters as expressed in Proposition 8. We continue to pray for that positive outcome."


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