Tag Archives: overturned
Proposition 8 is an issue that I am very much interested in seeing resolved. Being a lesbian myself, with a wedding planned for 6 months from today, I want nothing more than to be able to LEGALLY wed my fiancee on that day. Unfortunately, even though same-sex marriage was legalized in California, it had been overturned on appeal and a final decision is being considered as of now. In fact, the hearings have already begun and a decision is to be expected by the end of June. I am very hopeful that this day will happen and I will truly be marrying the love of my life as opposed to showing a symbol of our affection (at the same cost ha).
[for more information on the case, scroll to below the video]
The video below is of a young man, Daniel, who was adopted by two gay fathers. This extraordinary kid decided to write a letter to Chief Justice Roberts, after discovering that he, too, adopted two young kids.
The justices will hear arguments Tuesday on Prop. 8′s constitutionality, followed a day later by a hearing on the Defense of Marriage Act, the 1996 law that denied federal benefits to married same-sex couples. Rulings are due by the end of June.
The court said Tuesday that it would release same-day audio recordings of the hearings in both cases, the first time it has done so since last year’s arguments on the federal health care law. It does not allow hearings to be televised.
The Obama administration will take part in both hearings, arguing that laws discriminating on the basis of sexual orientation should be considered suspect because gays and lesbians have been subject to persecution.
Despite recent gains, they are still unable to marry in most states, are unprotected by discrimination laws in many states and lack substantial political power, the Justice Department said.
That argument was disputed Tuesday by Prop. 8′s sponsors, a conservative religious coalition called Protect Marriage.
While “gays and lesbians have been subject to a regrettable history of discrimination,” the prejudice has “waned dramatically in recent years,” the pro-Prop. 8 lawyers wrote.
“Aside from redefining marriage, it is difficult to identify any objective that gays and lesbians in California have not achieved,” the lawyers said, citing the state’s domestic-partner and antidiscrimination laws.
Lower federal courts have ruled Prop. 8 unconstitutional, saying the denial of marriage to gays and lesbians would not benefit opposite-sex couples or the institution of marriage and was ultimately based on moral disapproval of homosexuality. Backers of the measure disagreed.
Marriage was never intended to be “genderless” and was meant, instead, to “channel potentially procreative sexual relationships into enduring, stable unions” to raise children, the Prop. 8 lawyers said.
[VIDEO] Ellen DeGeneres Praises Overturning Of Prop 8 And Blasts “One Million Moms” For JC Penney Boycott
- Ellen DeGeneres Addresses Prop 8 and JCPenney Protest (hollywood.com)
- Celebs celebrate Prop 8 decision (cnn.com)
- Celebrities celebrate the end of Prop 8! (popbytes.com)
- Ellen Eviscerates Hate Group OneMillionMoms (bilerico.com)
- Celebs Tweet Their Support for Prop 8 Ruling! (ecorazzi.com)
Today is a day to celebrate. The 3-judge panel of the US 9th Circuit Court Of Appeals has made the obvious decision that banning gays from getting married is unconstitutional. Although many of us already knew this, we were dreading the fact that the ‘YES On 8‘ campaign had taken it upon themselves to appeal the original ruling of being unconstitutional.
For more, there is a copy of the court’s decision here.
Santa Clara University constitutional law Professor Margaret M. Russell said the ruling overturned Proposition 8 on “the narrowest grounds possible,” which makes it less likely that the U.S. Supreme Court would review it.
The fact that it may not go to the Supreme Court is actually a good and bad thing. If it doesn’t make it to the Supreme Court then it may make it possible for gay Californians to get married sooner than later. On the other end of the spectrum though, I was hoping that it would be taken to the Supreme Court, because if there ruling was that it was unconstitutional, it would help to legalize gay marriage in every state in the United States. And for me, that is equality. When every state treats homosexuals with dignity and respect in the eyes of the law, that’s when we will have succeeded.
Either way, today is a day worth remembering and worth being excited about. One more ruling in our favor is just one step closer to a full victory.
- Court: Calif. gay marriage ban unconstitutional (newsok.com)
- Appeals court to rule on California’s Proposition 8 (cnn.com)
- Prop 8: California appeals court to rule on legality of gay marriage ban (guardian.co.uk)
- Calif. same-sex marriage ban ruling near (abclocal.go.com)
- The Ninth Circuit has ruled that California’s Proposition 8 is unconstitutional!!!! (perezhilton.com)
- Ruling on Calif. gay marriage ban due from court (cbsnews.com)