Prop 8 overturned: A guide to the landmark gay marriage decision
A federal court rules that California's ban on same-sex marriage is unconstitutional, potentially clearing the way for the case to be heard by the Supreme Court
A federal appeals court ruled Tuesday that California's ban on gay marriage is unconstitutional. The U.S. Ninth Circuit Court of Appeals ruled that Proposition 8, the 2008 ballot measure that limited marriage in California to one man and one woman, violated the equal protection rights of gays and lesbians. Now, a forthcoming appeal could pave the way for the U.S. Supreme Court to rule on gay marriage as early as next year. Here's what you should know about the "landmark" decision:
Remind me: What exactly is Proposition 8?
In 2008, a California state court ruled that an existing ban on gay marriage was unconstitutional, allowing same-sex couples to legally marry. Almost immediately, groups that opposed gay marriage began circulating petitions that would eventually put Proposition 8 on that fall's election day ballot. Prop. 8, a proposed amendment to the California Constitution decreeing that marriage was an institution reserved for one man and one woman, was supported that November by 52 percent of California voters. In the brief window between the court ruling and Prop 8's ballot success, 18,000 same-sex couples legally married in California.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Why is the issue in court again?
Judge Vaughn R. Walker, a federal judge in San Francisco, struck down Prop. 8 in 2010, declaring the amendment unconstitutional because it violated the equal protection rights of gay couples. Opponents of same-sex marriage appealed the decision, says Howard Mintz at the San Jose Mercury News, on the grounds that "there is a state interest in preserving the traditional definition of marriage, particularly the importance of procreation in heterosexual marriage." Tuesday's ruling was the result of that appeal.
What exactly did the appeals court rule?
A three-judge panel ruled 2-1 to uphold Walker's decision. "Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California," the court said. The Constitution "requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Will this affect other states?
Not necessarily. Tuesday's decision is not intended to be applied broadly, the court said, and was crafted to apply only to California. The peculiar circumstances of what happened in California — "a right to same-sex marriage withdrawn by a vote of the public" — is what ultimately led to the ruling, says Jeffrey Toobin at CNN, and should have no effect on other states currently weighing the issue.
Can same-sex couples get married in California now?
Not yet. The appeals court said that gay marriages cannot resume until Prop. 8's supporters have the opportunity to appeal to a larger panel of the Ninth Circuit. If and when the appeal is filed, which it inevitably will be, says Peter Henderson and Dan Levine at Reuters, gay marriage will be kept on hold "pending future proceedings." Gay marriage opponents have another option, too, says Adam Nagourney at The New York Times. They can try to take the issue directly to the U.S. Supreme Court. However, says Toobin, the Supreme Court might opt out of weighing in. And even if the nation's highest court does hear the case, it likely won't be until after the election.
How would the Supreme Court rule?
It's anyone's guess. Some gay activists are apprehensive about the case going all the way to the Supreme Court, says Nagourney. They're "fearful that conservative justices could... codify a ban against same-sex marriage." In the end, the Roberts Court will probably be divided, says Maura Dolan at the Los Angeles Times, "and many legal scholars believe Justice Anthony Kennedy will be the deciding vote." Kennedy is a Republican-appointed justice, says Henderson and Levine, but he has written several important pro-gay rights decisions — though he "has not explicitly endorsed gay marriage."
Sources: AP, CNN, Huff. Post, LA Times, NY Times, San Jose Mercury News, Reuters
Create an account with the same email registered to your subscription to unlock access.
-
Today's political cartoons - April 20, 2024
Cartoons Saturday's cartoons - papal ideas, high-powered debates, and more
By The Week US Published
-
5 sleeper hit cartoons about Trump's struggles to stay awake in court
Cartoons Artists take on courtroom tranquility, war on wokeness, and more
By The Week US Published
-
The true story of Feud: Capote vs. The Swans
In depth The writer's fall from grace with his high-flying socialite friends in 1960s Manhattan is captured in a new Disney+ series
By Adrienne Wyper, The Week UK Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published