BREAKING NEWS: Prop 8 Held Unconstitutional By Federal Appeals Court

The Ninth Circuit Court of Appeals has held that a California constitutional amendment that defines marriage in opposite-sex terms violates the Constitution.

Note: This is breaking news. I will have more analysis later today - once I can download the opinion and finish teaching classes!

Federal Judge Invalidates California's Same-Sex Marriage Ban (Proposition 8)

A federal court has invalidated California's ban on same-sex marriage (Proposition 8). The court ruled that the measure violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. This ruling parallels the Supreme Court ruling in Loving v. Virginia, which invalidated bans on interracial marriage on the same constitutional grounds.

Although Governor Schwarzenegger approves the ruling, Proposition 8 proponents will likely appeal the decision. And while the liberal US Court of Appeals for the Ninth Circuit could possibly uphold the decision, things will become much more difficult for the plaintiffs if the case reaches the Supreme Court. As with most progressive cases, the outcome will likely depend upon how Justice Anthony Kennedy votes.

[Note: This is a breaking news story. I will update it after I have the time to read the opinion more thoroughly. In the meantime, here is a brief summary by Professor David Cruz of USC Law School.]

Pot May Become Legal in California

In November, California voters will decide whether to decriminalize small quantities of marijuana possession:

The initiative would allow adults 21 or older to possess up to an ounce for personal use. Possession of an ounce or less has been a misdemeanor with a $100 fine since 1975, when Atty. Gen. Jerry Brown, who was then governor, signed a law that reduced tough marijuana penalties that had allowed judges to impose 10-year sentences. Legalization supporters note that misdemeanor arrests have risen dramatically in California in the last two decades. The initiative would also allow adults to grow up to 25 square feet of marijuana per residence or parcel.

The law would also authorize local governments to permit and tax marijuana-related commerce:

But the measure, known as the Regulate, Control and Tax Cannabis Act of 2010, goes further, allowing cities and counties to adopt ordinances that would authorize the cultivation, transportation and sale of marijuana, which could be taxed to raise revenues. It's this feature of the initiative that supporters hope will draw support from voters who are watching their local governments jettison employees and programs in the midst of a severe budget crisis.

As always, November will be interesting in California.

California Begins Process of Releasing 6,500 Inmates

California has begun the process of releasing 6,500 inmates over the next year. Due to a series of tough-on-crime initiatives, the prison population in California has increased a whopping 750% since the mid-1970s. Now, the prison system accounts for 11% of the state budget -- that is currently in a state of crisis.

Last year, a federal appeals court ordered the state to release 40,000 inmates over the next two years due to dangerous overcrowding and the state's inability to meet the health needs of the prison population. That ruling is still in effect.

See also: Federal Appeals Court Orders California to Release 40,000 Inmates

Anti-Gay California Senator Comes Out of the Closet

California State Senator Roy Ashburn (Republican) recently came out of the closet. Ashburn, however, has a long history of voting against LGBT rights initiatives.

Ashburn disclosed his sexual orientation following a recent DUI arrest. Prior to his arrest, Ashburn was seen partying at a Sacramento gay bar.

Ashburn disclosed his sexuality on a radio show:

I am gay. . .Those are the words that have been so difficult for me for so long. But I am gay. But it is something that is personal and . . . I felt with my heart that being gay didn't affect -- wouldn't affect -- how I did my job.

Through my own actions . . . I made my personal life public.

Perhaps Ashburn's drinking problem relates to his effort to lie about his sexuality. If so, coming out, as an abundance of psychological literature reveals, might improve his mental health.