The U.S. Supreme Court is expected to issue an opinion Wednesday morning in a highly anticipated decision regarding California's voter-approved Prop 8 -- a ban on same-sex marriage that landed before the Justices after years of legal battles.
Full Coverage: Prop 8 Page
The Supreme Court's opinion is expected after 7 a.m. PT. Refresh this page for updates.
Details regarding the immediate effect of the ruling on same-sex marriage in California are expected at a 10:30 a.m. news conference with California Attorney General Kamala Harris.
The Prop 8 case and another expected opinion on the federal Defense of Marriage Act drew a crowd that camped out early Wednesday in front of the Surpeme Court building.
In the Prop 8 case, the Supreme Court had several options, which included dismissing the case on grounds that Prop 8 backers had no standing in federal court. The Court also had the option of issuing a broad ruling that affects same-sex marriage legislation in all states or a ruling specific to California's ban.
Some Possible Rulings:
- If the Justices Affirm the 9th Circuit Ruling: The 9th Circuit ruling invalidated Prop 8's constitutionality, meaning an affirmation of that ruling would effectively legalize same-sex marriage in California.
- If the Justices Dismiss the Case: If the court rules that the petition for review should not have been granted, the Ninth Circuit Court's decision that the ban on same-sex marriage is unconstitutional would likely remain in effect.
- If the Justices Rule There Is a Lack of Standing: The court could decide Prop 8 backers lacked standing under federal law to appeal the case, effectively leaving an earlier ruling that Prop 8 is unconstitutional in place. The decision vacates the Ninth Circuit Court's ruling and upholds Judge Vaughn Walker's ruling that Prop 8 is unconstitutional.
- If the Justices Rules Prop 8 is Valid: The ruling likely means same-sex marriage is illegal in California.
- There also is a small possibility that the Court would carry the case to its next term. Experts say this only happens if there are major outstanding issue regarding the case, and none are known in Prop 8.
The long-awaited decision day comes after Justices considered arguments from attorneys representing Prop 8 supporters and opponents at a March hearing. The Supreme Court granted in December the review of Prop 8 -- approved by California voters in November 2008 -- and the Federal Defense of Marriage Act, also argued before the court in March.
Attorneys' arguments focused on a 2010 ruling by a San Francisco-based appeals court that struck down the ban, approved by California voters in the 2008 election. The San Francisco court ruled the state could not take away the same-sex marriage right granted by the state Supreme Court in a ruling that came before the 2008 election.
The debate stretches back years through court cases and elections, including the March 2000 approval of Prop 22, which defined marriage in California as between a man and a woman.
That law was ruled unconstitutional by the state Supreme Court in May 2008. An estimated 18,000 same-sex couples were married during a brief window before Prop 8's approval in the November election that year.
California's same-sex marriage ban was left in effect during the lengthy appeals process that followed. The legal battle included a landmark 2010 same-sex marriage trial in which Chief U.S. District Judge Vaughn Walker ruled the ban unconstitutional. Walker said the law "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
After appeals by Prop 8 supporters who said voters should not be invalidated "based on just one judge's opinion," a San Francisco court ruled in a 2-1 decision in November 2012 that Walker's ruling properly interpreted the U.S. Constitution. The court ruled that the ban's "only effect was to take away that important and legally significant designation."
As attorneys argued over the issue in court, public attitudes toward same-sex marriage shifted. In 2001, 57 percent of Americans opposed same-sex marriage, according to the Pew Forum on Religion and Public Life. In a poll conducted in March 2013, 49 percent of Americans said they support same-sex marriage.
In a June 2013 USC Dornsife/Los Angeles Times poll, 58 percent of respondents said they believe same-sex marriage should be legal. When the same question was asked in that poll three years earlier, 52 percent favored same-sex marriage.
The latest USC Dornsife/LA times poll also revealed that voters 65 years of age and older are now almost evenly divided on the issue -- 46 percent in favor, 47 percent opposed. Three years ago, the same age group opposed same-sex marriage by a margin of 19 percentage points.
A second case before the high court challenges the Defense of Marriage Act -- also known as DOMA. The act blocks federal recognition of same-sex couples in states where they are allowed to marry.
Nine states -- Connecticut, Iowa, Maine, Maryland, New Hampshire, New York, Massachusetts, Vermont and Washington -- and Washington D.C. allow same-sex marriages. Minnesota's same-sex marriage legislation, already signed into law by its governor, will go into effect in August.
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