Court of Appeals for the Ninth Circuit May 20, 2014, 11-17884 (protectmarriage.com - Yes on 8 v. Debra Bowen)

WALLACE, Circuit Judge,

dissenting in part:

I do not disagree with the majority’s disposition of Appellants’ facial challenges. The majority is correct that our precedent, including our decision in Family PAC v. McKenna, 685 F.3d 800 (9th Cir.2012), forecloses those challenges. However, I disagree with the majority’s determination that Appellants’ as-applied challenges are nonjusticiable.