Current events

7 February 2012

Proposition 8 Branded Unconstitutional

Prop 8 Protest in 2008

A federal court has upheld a ruling that Proposition 8, the legislation banning gay marriage in California, was unconstitutional. The backers of the legislation have vowed to take it all the way to the Supreme Court.

The court made a two-to-one decision that Proposition 8’s powers to restrict marriage to between one man and one woman was unconstitutional. Judge Stephen Reinhardt, who was part of the three-judge panel, said ‘Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California’.

This decision is the latest in a line of gay marriage successes in the last six months in America, with New York legalising gay marriage in June last year and Washington on the brink of doing the same. If this decision is taken to the Supreme Court and upheld, then there will be no reason for any state in the US not to legalise gay marriage, as effectively it would make it unconstitutional to oppose it.

Feature image by karaface, Flickr



About the Author

Jake Basford
Born in Essex, Jake studied Psychology at Bangor University, moving back home to try and escape academia. He is currently working as an ambassador for Body Gossip, a body image campaign, and and as a freelance writer. In his spare time he enjoys video games, musical theatre and going out with friends.




 
 

 
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[QUOTE] If this decision is taken to the Supreme Court and upheld, then there will be no reason for any state in the US not to legalise gay marriage, as effectively it would make it unconstitutional to oppose it.[/QUOTE]

Alas, if one takes the trouble to read the actual judgement, and not just the reports of other journalists who could not be bothered to read the judgement either, one finds that this is not the case. The judgement rests on the fact that California has still Domestic Partnership laws that give all the rights and responsibilities of marriage (just with a different name) and withdrew a right once enjoyed by same-sex couples. This combination is unique to California. The Supreme Court would have to extend the judgement, not merely uphold it, to legalise gay marriage elsewhere.