Last week the U.S. Ninth Circuit Court of Appeals made headlines with its ruling that striking down Prop 8, the voter-approved measure banning same-sex marriage in California.
Here’s a brief look at the top constitutional news stories and commentaries from this week.
The language of rights, and especially of constitutional rights, is sometimes not used with precision. More can be claimed by a simple suggestion that rights exist than is, in fact, true.
In a historic ruling, but one that the judges insisted was narrow in scope, the Ninth U.S. Circuit Court of Appeals on Tuesday nullified California’s ban on marriage for same-sex couples, finding “Proposition 8” amounted to a form of unconstitutional discrimination against a “disfavored” group.
With New York’s legalization of same-sex marriage last Friday, much still depends upon what happens in the largest state — California. There the U.S. Constitution will be the decision maker.