BY ROB SALERNO - The Ninth US Circuit Court of Appeals has upheld a lower court ruling that found California's Proposition 8 -- which amended the state constitution to establish that marriage is limited to one-man/one-woman arrangements -- is unconstitutional, paving the way for gay marriage to be legalized once again.

The three-judge panel ruled 2-1 that lower court Judge Vaughan Walker ruled correctly that Prop 8 violated the equal protection clauses of the US Constitution. It was significant that the voter initiative sought to take away established rights of a minority group -- thereby targeting a group with no rational basis. The appeals court also ruled that Judge Walker, who is openly gay, was not required to recuse himself from the case due to bias.

Generally, rulings from the federal circuit apply to all states under the circuit's jurisdiction, but it appears that this ruling applies narrowly to the characteristics of California's Proposition 8. So it won't grant equal marriage to the other states under the Ninth Circuit. 

It also doesn't appear to mean that Californians can enter same-sex marriages right away. Walker's ruling was stayed pending appeals, and it's likely that ProtectMarriage -- the backers of Proposition 8 -- will appeal further, either to a larger panel of the Ninth Circuit Court of Appeals or to the Supreme Court.

Lawyers for the couples that sued for the right to marry believe that the Supreme Court would rule in their favour, given that the current judgment relies heavily on Supreme Court precedent, including Loving v Virginia, which struck down state laws banning interracial marriage; Lawrence v Texas, which struck down anti-sodomy laws in several states; and Romer v Evans, which struck down an amendment to Colorado's constitution that banned the state and its cities from taking any action to recognize gays and lesbians as a protected class.

Same-sex marriage is already the law in Connecticut, Massachussets, New York, New Hampshire, Vermont, Iowa and Washington, DC. It is expected to be passed into law in Washington state shortly, and legislatures are debating it in Maryland and New Jersey. There's also a planned referendum to allow same-sex marriage in Maine in November. North Carolina, Minnesota and New Hampshire are currently debating constitutional amendments that may be presented to voters to ban same-sex marriage. The federal government is barred by the Defense of Marriage Act from recognizing gay marriage.

BY ROB SALERNO: Out of the mouths of babes.

Former tween idol Miley Cyrus – having been officially supplanted by the Selena Gomez Machine – kicked up some controversy over the weekend when she announced on her Twitter feed that she’d just gotten a tattoo in support of equal marriage.

A number of responses and retweets followed, not all of them in support. One of Miley’s biggest fans, using the handle "MileyCyrusLuver" had a brief (and actually pretty adorable) exchange with Miley during that day.

MileyCyrusLuver: @MileyCyrus look up Leviticus, 1 Corinthians. Read both chapters and tell me where God says homosexuality, incest and polygamy is ok?

MileyCyrus: @MileyCyrusLuver where does it say in the bible to judge others? Oh right. It doesn't. GOD is the only judge honey. "GOD is love"

MileyCyrusLuver: @MileyCyrus yes, but in 1 Corinthians 6:9-11 explains why I don't support it. And omg I can't believe you replied to me!!

MileyCyrusLuver and some of Miley’s other fans then got into a heated exchange about gay rights, the Bible and homosexuality, with many of Miley’s fans piling onto and personally insulting MileyCyrusLuver.

Ever the class act, Miley Cyrus sent out the following reminder to her fans:

"Dude everyone lay off @MileyCyrusLuver Love u! Everyone is entitled 2 opinions! "if u don't stand 4 something you'll fall for anything." :)"

The debate continued all weekend between Miley’s followers, although Miley seemed to disengage from the subject, hovering above the fray.

Meanwhile, the quest for equal marriage took a few turns last week: the California Supreme Court announced it would hear the latest challenge to the Prop 8 ban on gay marriage on Sept 6, and Maryland's Governor Martin O'Malley announced that he would sponsor same-sex marriage legislation there. Meanwhile, outside the US, the Australian Capital Territory Labor Party announced it would stand for marriage equality, and the Colombian Supreme Court ruled that same-sex marriage or its equivalent must be created by June 20, 2013.

And just for fun, if you’re over the age of, oh, 23, prepare to feel really, really old:

Now that all 31 Mexican states are recognizing gay marriages performed in Mexico City, US political satirist Stephen Colbert jokes that he fears a "gay drain" to Canada and Mexico. 

He also joked that the US is the "straight meat in a big gay sandwich."

If you're in Canada, click here to watch the clip from last night's Colbert Report on the Comedy Network. If you're in the US, you can watch the clip here on Comedy Central. 

Read more:

• Forget the 'brain drain': It's all about the gay gain
• Canadian immigration's outdated requirements
  
• Why more binational couples are coming to Canada
• Poz couples wins immigration case
• Married lesbian couple moved from LA to Halifax to live and love freely
  

In a 136-page ruling, a US federal judge has struck down California's gay marriage ban.

Chief US District Judge Vaughn Walker has declared Proposition 8 to be unconstitutional, as it violates due process and equal protection rights.

From Walker's ruling (read the full version below):

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional." 

Follow #Prop8 on Twitter for the latest updates.

Read the full court ruling here: 

Nov 7, 2008 protest in San Francisco, following the passage of Prop 8. (photo by Ingrid Taylor, Flickr, CC 2.0)

Read more of Xtra's Prop 8 coverage:

• Married lesbian couple fights California's Prop 8 through song
• Marriage ruling sparks full day of protests in San Francisco
  
• Canadians rally against Prop 8 as California Supreme Court upholds ban
  
• Protests against Prop 8 continue
• Same-sex marriage vote comes down to wire in California 

At a press event outside Toronto City Hall today, mayoral candidate Rob Ford embraced the endorsement of a fundamentalist Christian pastor who says Pride is "immoral" and suggests that the "moral foundation" of society is being dismantled by gay marriage.

Asked by a reporter if he supports gay marriage, Ford said: "No, I support traditional marriage. I always have, but if people want, to each their own. I'm not worried about what people do in their private life. I look out for taxpayers' money, and to each his own when it comes to what happens behind closed doors."

Ford made the comments at a presser where Rev Wendell Brereton announced that he was dropping out of the mayoral race and throwing his support behind Ford. Brereton is now running for council in Ward 6.

Watch a clip of the event below (Ford's comments about gay marriage start at 1:05):