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Appeals Court Rules Prop 8 Unconstitutional

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A U.S. Appeals Court in San Francisco has ruled the voter-approved ban on gay marriage is unconstitutional.

A group for marriage equality watches in Clovis as the decision came down on Tuesday morning.  The judges rule 2-1 that Prop 8, the ban on same-sex marriage, is unconstitutional.

"Today was a victory, but tomorrow we all rededicate ourselves to the fight that continues," said Jason Scott from his Clovis home.

The fight is far from over.  Prop 8 supporters will appeal the court's ruling.  Tuesday, about a hundred people with the group 'Standing in the Middle for Marriage' gather in Fresno to voice their concerns.


"We are not surprised by the decision of the 9th circuit court today.  We're disappointed, but not surprised," said Pastor Jim Franklin of Cornerstone Church.

Franklin says the 9th Circuit Court in San Francisco is liberal.  He believes the U.S. Supreme Court will uphold Prop 8.

"When we take the emotion of same-sex marriage out of this, does a state have a right to govern themselves, and what is the precedent behind us is 31 other states who have done this and have not been challenged," said Franklin.

CBS47's legal analyst Carl Faller thinks the Supreme Court will take on this issue and even predicts the outcome.

"It's going to be 4-4 with Justice [Anthony] Kennedy casting the deciding vote, which is a bit ironic because he's a Californian casting the crucial vote on a California proposition," said Faller.

He believes it will take about a year for this issue to be resolved.  If the Supreme Court finds Prop 8 unconstitutional, it will knock out similar bans on same-sex marriage in about 30 other states.


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