Proposition-8 Shot Down in Supreme Court
Posted: Tuesday, July 9th, 2013 at 11:16 am
California Proposition 8 was a November 2008 ballot proposition and constitutional amendment that would have banned same-sex marriage. Prop 8 was initiated by opponents of same-sex marriage. In May 2008, the California Supreme Court had found an earlier attempt to outlaw same-sex marriage to be unconstitutional. In 2010, a federal court also found Proposition 8 to be unconstitutional, but that was only confirmed on June 26, 2013 at the end of appeals.
History of Proposition 8 and its Appeals
As an amendment in California, it had been ruled constitutional in 2009. Two same-sex couples then filed suit in the United States District Court for the Northern District of California in the case Perry v. Schwarzenegger, later Hollingsworth v. Perry. In August 2010, the US District Court ruled that the amendment was unconstitutional because it attempted to re-remove rights from a disfavored class. It was this case that the US Supreme Court ruled on June 26, 2013 that the supporters did not have standing to appeal the 2010 district court ruling. Then-governor Arnold Schwarzenegger along with former California attorney general and current Governor Jerry Brown were the original defendants. When they refused to continue defending the amendment on appeal, the advocacy group, Protect Marriage, continued the appeal. The US Supreme Court reached a 5-4 decision with the majority opinion written by Chief Justice John Roberts and the dissenting opinion written by Justice Anthony Kennedy.
A Postscript to the Court Ruling
Furthermore, on the Sunday following the ruling, Justice Anthony Kennedy refused a request by Proposition 8 supporters to stop the issuance of California same-sex marriage licenses. The advocacy group, Alliance Defending Freedom, had filed this emergency petition the day before. Justice Kennedy provided no explanation for his decision. California now joins 12 other states and the District of Columbia in which same-sex marriage is permitted.
California Proposition 8 was a November 2008 ballot proposition and constitutional amendment that would have banned same-sex marriage. Prop 8 was initiated by opponents of same-sex marriage. In May 2008, the California Supreme Court had found an earlier attempt to outlaw same-sex marriage to be unconstitutional. In 2010, a federal court also found Proposition 8 to be unconstitutional, but that was only confirmed on June 26, 2013 at the end of appeals.
History of Proposition 8 and its Appeals
As an amendment in California, it had been ruled constitutional in 2009. Two same-sex couples then filed suit in the United States District Court for the Northern District of California in the case Perry v. Schwarzenegger, later Hollingsworth v. Perry. In August 2010, the US District Court ruled that the amendment was unconstitutional because it attempted to re-remove rights from a disfavored class. It was this case that the US Supreme Court ruled on June 26, 2013 that the supporters did not have standing to appeal the 2010 district court ruling. Then-governor Arnold Schwarzenegger along with former California attorney general and current Governor Jerry Brown were the original defendants. When they refused to continue defending the amendment on appeal, the advocacy group, Protect Marriage, continued the appeal. The US Supreme Court reached a 5-4 decision with the majority opinion written by Chief Justice John Roberts and the dissenting opinion written by Justice Anthony Kennedy.
A Postscript to the Court Ruling
Furthermore, on the Sunday following the ruling, Justice Anthony Kennedy refused a request by Proposition 8 supporters to stop the issuance of California same-sex marriage licenses. The advocacy group, Alliance Defending Freedom, had filed this emergency petition the day before. Justice Kennedy provided no explanation for his decision. California now joins 12 other states and the District of Columbia in which same-sex marriage is permitted.
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