Perry v. Schwarzenegger decided that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, but the United States Court of Appeals for the Ninth Circuit ordered a stay of the judgement pending appeal.
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In addition, sections of In re Marriage Cases not overturned by Proposition 8 include the establishment of sexual orientation as a "protected class" under California law, requiring heightened scrutiny in discrimination disputes.
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Two days later, the lifting of a stay by the U.S. Court of Appeals for the Ninth Circuit allowed the same-sex marriages to recommence.
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