The Ninth Circuit Court of Appeals in California has ruled Proposition 8 to be unconstitutional and therefore supports the constitutional equal protection of rights for same-sex couples. Proposition 8 was a ballot proposition and constitutional amendment that was passed in November 2008 by the people of California with over 52% support. The amendment itself was very short and brief.
Section 1. Title stated, “This measure shall be known and be cited as the “California Marriage Protection Act.” and Section 2. Sec 7.5 stated, “Only marriage between a man and a woman is valid or recognized in California.” However, if you are a gay couple in California and are planning on getting married do not make any plans for the near future. Pending any appeals by the February 28th deadline a stay has been continued on the ruling. The matter is now expected to go before the U.S Supreme Court in the foreseeable future. New York, Massachusetts, New Hampshire, Connecticut, Vermont, Iowa and the District of Columbia all allow gay marriage while other states like California have said no.
There are basically two sides to the issue of gay marriage in America and most people fall somewhere in the middle of the continuum. Religious conservatives would argue that the institution of marriage is one between a man and a woman. However, liberals would argue that the the purpose for legalizing gay marriage is in support of marriage equality. Maybe they’re both right.
The progression of our laws in America are dependent upon the time in history we find ourselves. Because we are a country of many different people with a wide array of values it should not be a surprise that we disagree on a few things. One of them would be, surprise, gay marriage. As we search for a one size fits all moral perspective on the issue of gay marriage expect our courts and politicians to be at the center of the debate.
The law will have the last word…