prop 8 supreme court Prop 8 invalidation stands by Supreme Court's non ruling; same sex marriage legal in California once againProp 8, the 2008 California ballot proposition that banned same-sex marriage in the state, was not ruled on by the Supreme Court in their 2013 decisions, which means the 2010 ruling by federal appeals court judge Vaughn Walker stands.

Walker ruled that Prop 8 is unconstitutional “under both the Due Process and Equal Protection Clauses” and he struck down the law. The affect of the Supreme Court choosing not to rule on the appellate court finding means that same-sex marriage is now legal again in the state of California, at least where court clerk’s oppose Prop 8.

The SCOTUS ruling dismisses the case on standing, ruling that the challengers to Judge Walker’s decision could not show that they had a legal right to defend the law in court there therefore had no standing to appeal his decision.

Interestingly, the dissent in the Prop 8 case dismissal wanted to rule on the merits of the case instead of dismissing it on standing.

Another interesting point is the division of the justices in the Prop 8 non-ruling, with the majority being made up of Roberts, Scalia, Ginsburg, Breyer and Kagan, which leaves the dissent as Sotomayor, Kennedy, Alito and Thomas.

SCOTUS also declared the Defense of Marriage Act unconstitutional in its 2013 rulings.

Posted by:Andrea Reiher

TV critic by way of law school, Andrea Reiher enjoys everything from highbrow drama to clever comedy to the best reality TV has to offer. Her TV heroes include CJ Cregg, Spencer Hastings, Diane Lockhart, Juliet O'Hara and Buffy Summers. TV words to live by: "I'm a slayer, ask me how."