California Proposition 8 on Gay Marriage to Be Ruled Unconstitutional Tomorrow?

More than likely by the Ninth Circuit Court of Appeals.

The 9th U.S. Circuit Court of Appeals is expected to release its opinion on the constitutionality of California’s voter-approved ban on same-sex marriage Tuesday morning.

The appeals court is deciding whether to uphold or reverse a federal judge’s 2010 ruling that Proposition 8, which was approved by voters in 2008, was unconstitutional. Regardless of the outcome, the decision is expected to be appealed to the United States Supreme Court.

The opinion will be posted online at 10 a.m, according to a press release from the court.

Judge Reinhardt and Judge Hawkins will probably vote to affirm Federal District Court Judge Vaughn Walker’s ruling that Proposition 8 is unconstitutional and that Walker did not need to recuse himself (obviously).

The decision will be stayed and the U.S. Supreme Court will take up the issue in the next term beginning in October 2012.