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The 9th Circuit U.S. Court of Appeals has just denied a motion put forth that would allow same-sex marriages to resume in the state while the constitutionality of controversial Prop 8 awaits its fate in the Supreme Court.Plaintiffs in the case of Perry v. Brown/Coleman v. Brown (formerly v. Schwarzenegger, when the case began under prior governorship) had asked the court to allow gay marriages to resume because they believed that while Prop 8 had yet to be declared unconstitutional, it also had not been deemed acceptable by the court.
The motion was backed by state Attorney General Kamala D. Harris, who wrote to the court earlier this month, arguing:
that as long as same-sex couples are being denied the right to marry, "the due process and equal protection rights of same-sex couples will continue to be violated, perpetuating unconstitutional discrimination."
Harris, as well as those opposed to Proposition 8, believe that the decision of Judge Vaughan Walker that the ballot measure is unconstitutional will be upheld as the case moves forward through the legal system.
