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Prop 8 Deemed Unconstitutional
Same-sex marriage supporters wave the gay pride flag to symbolize a victory for gay equality. - Alexis Lujan
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On Tuesday, February 7, 2012 throughout the state of California, Proposition 8 was overruled by the California Supreme Court, uplifting the ban on same sex marriage and marking a victory for the LGBT community and gay activists.


Proposition 8 was passed in November 2008, a proposition that had illegalized same-sex marriage as it would have defined marriage as valid in California if it was between a man and a woman. Many of the supporters of this bill were of the religious demographic and when passed, they believed that they had accomplished in protecting the sanctity of marriage.


However, after the day of its passing, mass protesting occurred throughout the state, as angry Anti-Prop 8 voters called the proposition a hindrance to equal rights. Many equal rights groups, such as the
League of Women Voters of California and the National Association for the Advancement of Colored People's, were also opposed of this decision back in 2008. Even all ten of California’s biggest newspaper firms held opinions pieces speaking out against Prop 8.


“It wasn’t fair,” junior Ellen Phi Le said. “These people are no different from you or me, yet California is denying their rights.”


Several lawsuits had been filed against Prop 8. Yet, the one that helped appeal the ruling was the Perry vs. Brown case, formerly Perry vs. Schwarzenegger, lawsuit that had been filed back in August 4, 2010. Finally, after nearly a year and a half of legal battling, on February 7, 2012, a three-judge panel issued a 2-1 majority opinion declaring Proposition 8 unconstitutional, saying it violated the Equal Protection Clause of the U.S. Constitution’s 14th amendment.


All those who opposed of Proposition 8 rejoiced as same-sex marriage was finally deemed constitutional, but they did not necessarily give gays the right to marriage either. Yet, some activists are optimistic and hope that California will become the eighth state to legalize gay marriage.


“I’m just happy that it’s no longer banned,” junior Sean Hernandez said. “I do hope it can be made legal though. Then, everyone would really be equal.”


On the other hand, those who had supported the proposition are more than displeased. Supporters plan to appeal the decision before the February 28 deadline. Some even want to petition and take this to the United States Supreme Court in hopes to have gay marriage banned in all states, not just California. Dissents of gay marriage claim that the sanctity of marriage and family and that homosexuality is equivalent to incest and bestiality.


While these are the reasons of the Proposition 8 supporters, the opposing side also wishes to take this issue to the Supreme Court, but for entirely different reasons. They hope to have the favor of the judges so that it will be ruled that banning gay marriage is illegal. If recognized by the US’s highest courtroom, then all gay couples across the nation will have the right to marry or at least not have their unions be banned by states.


Though both sides wish to go to the Supreme Court, only one side will win this battle in regards to same-sex marriage. It is becoming apparent, not only in California but the rest of the nation, that gay marriage is a serious social topic that will eventually reach the US Supreme Court and will eventually have a ruling. Until then though, who the ruling will be in favor of is unclear.


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The Shamrock Connection John F. Kennedy High School La Palma, CA
Issue Date: Friday, April 27, 2012 Issue: HSJ7 Last Update: Monday, April 30, 2012
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