Gay marriage case one step away from US Supreme Court’s door

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The legal debate over gay marriage can be appealed to the U.S. Supreme Court now that the en banc 9th Circuit has declined to review a three-judge panel’s ruling that erased a voter ban on same-sex marriage.

The decision paves the way for the case, which has been winding its way through the federal courts, to be heard by the Supreme Court as early as next year.

The federal case arose as a challenge to California’s Proposition 8 – a ballot measure that amended the state constitution and banned same-sex marriage after the state supreme court approved gay marriage and thousands of couples went ahead and tied the knot. That court later ruled that Prop 8 was a valid amendment to the state constitution.

That set off a new challenge to Prop 8 in federal court.

After a trial in August 2010, a U.S. District Court found Prop 8 unconstitutional as a violation of the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.

The 9th Circuit heard oral arguments on appeal, including whether Prop 8’s backers had standing to defend the measure in lieu of the state attorney general who refused to defend it.

After accepting it as a certified question, the state supreme court answered “yes” on the standing question.

In February, a three-judge panel of the 9th Circuit affirmed the lower court in a 2-1 ruling, saying that Prop 8 “serves no purpose, and has no effect, other than to lessen the status and dignity of gays and lesbians in California.”

Yesterday, a majority of judges on the full en banc court denied review. Dissenting judges criticized the majority, especially in light of President Barack Obama’s recent endorsement of same-sex marriage and his stated hopes for respectful debate on the issue.

“Today our court has silenced any such respectful conversation,” dissenters said.

Those who support Proposition 8’s ban on gay marriage said they were eager to argue their cause at the Supreme Court.

The case was always expected to end up before the High Court, especially given the joint efforts of Supreme Court mavens David Boise and Ted Olsen in bringing the lawsuit on behalf of the plaintiffs, two California same-sex couples.

But some commentators note that the narrow, state-specific nature of the case weighs against the court taking it up.