US Appeals Court seeks advice on gay-marriage ban

The US Court of Appeals for the 9th Circuit has asked the California Supreme Court to give a piece of advice on gay-marriage ban.

The Appeals Court sought advice on whether the proponents of the ban, Proposition 8, have the legal standing to defend it in the court. The Court is considering whether the ban on gay-marriage breaches the US constitution.

Earlier in August 2010, a federal judge ruled that the ban was unconstitutional, prompting the proponents of Proposition 8 to appeal that ruling in the 9th Circuit. The case is becoming complicated and is broadly expected to finish at the US Supreme Court.

The three-judge panel at the 9th Circuit is of the view that the California Supreme Court should decide the issue as California law is not clear.

Earlier on Monday, the California Supreme Court ruled that that any arrestee loses privacy rights for any item he/she is carrying at the time of arrest and the police could search text messages on the cell phones of arrestees without a warrant.

The ruling by the California Supreme Court affirmed a decision by an appeals court in a drug conviction case, in which Gregory Diaz, the defendant, had appealed his conviction claiming that the search by police without warrant breached the US Constitution's protection against unreasonable search and seizure.