Judge Walker ruled that there truly is no substance to the arguments of those who would deny equality to same-sex couples. We are thrilled that the court has upheld the rights of liberty and equality enshrined in the U. The plaintiffs, represented by some of the most skilled attorneys in the country, laid out a well-crafted, meticulous case, backed by the most respected historians, psychologists, economists, and political scientists who study marriage, sexual orientation, and child development.
On August 4, , U. Supreme Court. The Ninth Circuit upheld the district court's ruling to overturn Proposition 8 on February 7, The U. Supreme Court denied an appeal on June 26, , and the Ninth Circuit permitted same-sex marriages beginning on June 28, On May 26, , the California Supreme Court ruled that Proposition 8 was constitutional but that same-sex marriages performed before the constitutional amendment went into effect were valid.
Supreme Court dismissed the case on the grounds that the defendants, who were the campaign's sponsors, did not have legal standing. The full text of this measure is available here. The fiscal impact statement was as follows: [9]. The ballot measure added the following underlined language to Article I of the California Constitution : [9]. Protect Marriage , also known as Yes on 8 , led the campaign in support of Proposition 8. The following supporting arguments were presented in the official voter guide: [9].
Proposition 8 is simple and straightforward. There are NO exceptions. It restores the definition of marriage to what the vast majority of California voters already approved and human history has understood marriage to be. It overturns the outrageous decision of four activist Supreme Court judges who ignored the will of the people. Proposition 8 protects marriage as an essential institution of society.
While death, divorce, or other circumstances may prevent the ideal, the best situation for a child is to be raised by a married mother and father. We should not accept a court decision that may result in public schools teaching our kids that gay marriage is okay.
That is an issue for parents to discuss with their children according to their own values and beliefs. Some will try to tell you that Proposition 8 takes away legal rights of gay domestic partnerships. That is false. However, while gays have the right to their private lives, they do not have the right to redefine marriage for everyone else.
If gay activists want to legalize gay marriage, they should put it on the ballot. Voters there approved same-sex marriage in November , defeating a challenge by opponents. Same-sex marriage became legal in Washington in March Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol on January 1, , after the state's law allowing same-sex marriage went into effect.
In May , Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed to affirm the right of same-sex couples to marry. Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with an April 3, , court ruling.
The two wed in after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so. Toobin: Prop 8 ruling 'puzzling' Prop 8 attorney: Wonderful day for U. Prop 8 plaintiff: Our family is equal By dismissing the case, the court leaves in place the lower court decision in California that allows same-sex marriage to be reinstated. The federal appeals court stay on the decision will be lifted.
Within hours of the ruling, California's Gov. Jerry Brown said, "I have directed the California Department of Public Health to advise the state's counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted. Brown, a Democrat, said he interpreted the high court opinion as making Prop 8 unconstitutional and unenforceable. Court of Appeals in San Francisco to issue its mandate "immediately.
As soon as the court lifts the stay, "the wedding bells will ring" said Harris on Wednesday. But there is legal uncertainty whether the high court's ruling could be enforced statewide, or limited to only a few jurisdictions.
It was act two in a closely watched pair of high court appeals over state and federal laws and the limits of recognizing the ability of gay and lesbian couples to wed. The outcome of the rulings gives same-sex couples much to be encouraged about.
The measure put gay and lesbian marriages on hold in the state, but a federal appeals court later rule Proposition 8 was unconstitutional. Smith, expectedly, was the dissenting vote on constitutionality. The judges heard oral arguments on the constitutionality question more than a year ago. They heard arguments on the recusal in December. California voters agreed to Prop 8 — also known as the California Marriage Protection Act — in November by a 52 to 47 percent margin about 13 million voters took part.
That vote inserted language in the state constitution expressly allowing marriage only between a man and a woman.
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