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Breaking news continues after the US Supreme Court we have yeah.
Now been given to decision by the US Supreme Court regarding.
Marriage in America our team continues our coverage in agreement the US Supreme Court Brett -- -- our bureau in Washington Jonathan Holland Tunnel -- -- here.
In New York we have a decision on -- came down forty minutes ago.
The defense of marriage Jack has been struck down so any state that recognizes gay marriage must also afford those couples the rights and privileges under federal law.
Protections that otherwise.
Heterosexual couples would still be able to take advantage of today with regard to proposition eight this now.
Is likely see further litigation over the question of gay marriage and whether or not that can take place in the state of California.
But the ruling from.
A few minutes ago from the court means that the federal court ruling striking down gay marriage.
Stands in the state of California it was a 54 vote.
I believe based on the count on seeing Justice Roberts and Justice Scalia.
Voted with three other liberal members of the court to make -- majority and a 54 decision there in all likelihood in California they will rely on this ruling.
To allow the resumption of same sex marriage.
In about a months time once they get through the procedures there and the Golden State now Shannon Bream has that -- -- -- She leads this block of our coverage back on proposition eight.
What else do we need to know their champ.
-- -- -- -- Interesting split and he just isn't lined up together and again I just remind folks this decision on prop eight.
-- think it's the merits of what the Supreme Court thinks about the issue of same sex marriage is simply gets to these procedural issues about.
Who have the right to bring this case you have the Chief Justice John Roberts.
Lining up -- justices Scalia and Ginsburg Breyer and Kagan not a normal assembly that you see together.
Dissenting Justice Kennedy joined by -- -- -- -- at the Alito and Sotomayor again.
Not the usual coalition that you see but essentially what they're saying is the people who brought this case all the witnesses -- court.
Didn't have -- to do that prop eight was passed in California banning same sex marriage essentially by many -- constitution.
Maybe it's -- general I believe also the registrar of record there were three state officials were named in that case.
They refuse to take Casey refused to defend prop eight.
So it again it was supporters of prop eight -- -- into that role hoping they could pursue the legal remedies but what the Supreme Court is saying today.
We have never upheld the standing at a private party -- constitutionality.
Of its deep statute.
It's state officials don't choose to do is that they sent the ninth circuit opinion.
Is vacated and basically the parties are told they never had a right to appeal so that leaves us with the district court's decision.
That was from I'd judge walker a bit of controversy about him and interest -- may have had in this particular decision.
There was a lot of back and forth about that the basically what he's sad is that.
Proposition eight fails to be at any rational basis in singling out gay men and lesbians for denial of -- marriage license.
-- -- just prop -- does nothing more than enshrine in the California constitution.
The notion that opposite sex couples are superior to same sex couples.
That's that district court opinion that is now going to be upheld in California so judge Walker's decision there which eviscerate -- proposition eight.
For now he's going to be a lot of -- and as you said it would appear that the logical process here is that same sex marriage will be able to resume in California.
And this decision does not go to any other states simply this California dispute.
-- -- -- against for our viewers if you're just tuning in the ninth circuit in northern California that decision has been vacated.
And the lower court ruling stands which means the lower court ruling ruled against proposition eight.
Against the voters of California.
Who said marriage should be defined between a man and a woman by 52.
In 2008 the -- a moment first the judge on this split of justices.
-- and the decision today bill is not on the merits of same sex marriage the decision today is not on whether or not California can authorize same sex marriage.
The decision today is not on whether or not the people can undo something.
That their State Supreme Court did.
The decision today is whether or not people who don't have a real interest in the outcome of this.
Can file an appeal in a federal court what lawyers call standing.
Standing is is the doorway to the federal court if you don't have the right to be there that no matter how meritorious your claim is the court is not going to hear the case.
That's the technical legal argument the practical effect of what was done today in this California case.
Is to leave the trial court's decision as the law in California.
And -- Shannon just so ably described.
Decision sets the supreme court of California had the right to declare -- same sex marriage as a valid.
-- from the constitution of the state therefore.
Same sex marriage is lawful.
In the state of California not withstanding.
A majority of the voters.
Attempting to make it until we do expect another legal challenge that we California and that ruling I don't think so -- think as you pointed out a few minutes ago bill.
Once in the state and the apparatus of the state is in favor of same sex marriage remember Governor Brown refused to send state lawyers into.
Or two to be involved in this case the the apparatus of the state.
Again I think very soon.
The process applications for same sex marriage.
In the largest state in the union OK when I get to Brett now -- down on Washington I guess -- what we've had a decision on Gelman we have a decision so far.
-- gives you call -- partial decision in California regarding proposition eight.
Yeah I mean this is a big day for gay rights supporters for folks who have been fighting this battle for a long time.
In California in particular and for these lawyers have been battling on the prop eight case David boys who is the main lawyer for vice president gore and his challenge.
Obviously for the presidency.
And also Ted Olson.
Well respected both of them and this is a big win from -- In the big picture whether it is the judge said it doesn't do would -- the merits of the case but the jurisdiction but in essence.
If it comes to the same conclusion that California and -- just a few weeks will likely resume.
A gay marriages in a state that that has been a major a controversial issue and the administration.
President Obama weighing in on this as well and we expect.
To hear from the administration at some point today.
And in that state Jerry Brown the governor lieutenant governor Gavin Newsom was the former -- San Francisco.
First started -- you know -- the wave and the tendency in California to go toward.
-- gay marriages there you you mention illegal partners in this -- is a very intriguing I you have David Boies and Ted Olson on one side of this issue.
But we may see them in a matter of moments -- either expected or talk.
At the bank of microphones the steps the Supreme Court thirteen years ago they were.
And legally and politically opposed to one another in that.
Decision bush V gore in two -- And you and -- -- there Tallahassee.
And you know -- -- for David will -- a big case in the Supreme Court a bit of redemption.
In the in the in the end they're going to gets what they were fighting for which was California.
You know Brett thanks stand by their judge standbys well we've been friends ever since talent Hanson actually -- that we've -- working out that Ryder truck in.
Here we are in the presidential suite.
No kidding -- To decide -- stand by their Shannon.
We have what -- -- -- seeing there and I can't ground view with the voices we hear in the back room.
You may be able to hear there are thousands of people here and there are a lot of folks here that are cheering as one of the couple that was involved in -- now appears to be coming down from Idaho.
Where there's a press conference.
-- folks from all over the country is that they -- -- they wanted to be here today to see what -- with these diseases and I think now hearing from couples -- they react to couples who brought this might be able to marry in California.
And so well here several press conferences and and a lot of spirited reply here tonight we we need to get it.
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