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#Proposition 8

# proposition-8 - Wednesday 27 March, 2013

IN NUMBERS: US same-sex marriage

Yesterday, justices in the US Supreme Court heard arguments on whether same-sex couple have a constitutional right to marry.

# proposition-8 - Tuesday 26 March, 2013

Meet the couple 'riding a marriage rollercoaster' for the past 10 years

The Supreme Court will today begin hearing Kris Perry and Sandy Stier’s fight to have California’s ban on same-sex marriage struck down.

# proposition-8 - Saturday 8 December, 2012

US Supreme Court to hear gay marriage arguments next year

Same-sex marriage is legal in nine US states but barred in 30 other states. A Supreme Court ruling next year would have implications across the United States.

# proposition-8 - Wednesday 6 June, 2012

Californian ban on gay marriage set for Supreme Court hearing

An appeals court has struck down an appeal in rehear the case – and supporters of the ban say they’re heading for D.C.

# proposition-8 - Tuesday 7 February, 2012

Proposition 8 gay marriage ban struck down by US court

The ban on same-sex ban in California was ruled unconstitutional by a panel of three judges.

# proposition-8 - Wednesday 15 June, 2011

US court upholds earlier ruling against ban on same-sex marriage

District court judge James Ware said that the judge who ruled that the gay marriage ban was conconstitutional did not have to recuse himself from the case because he was himself gay.

# proposition-8 - Monday 13 June, 2011

California judge to decide whether to uphold Prop 8 ruling by gay judge

Judge Vaughn Walker, who is in a same-sex relationship, overturned a ban on gay marriage last year. Now, a court will decide whether he was fit to make that decision.

# proposition-8 - Thursday 7 April, 2011

Judge who struck down Californian gay marriage ban confirms: ‘I’m gay’

Judge Vaughn Walker, who retired a few months after his landmark decision, confirms that he himself is homosexual.

# proposition-8 - Wednesday 2 March, 2011

California state attorney asks for immediate same-sex marriage

The state’s senior legal advisor wants unions to continue while the State Supreme Court considers upholding a total ban.

# proposition-8 - Thursday 5 August, 2010

AN AMERICAN JUDGE has ruled California’s ban on same-sex marriage illegal – raising the possibility of a Supreme Court hearing to determine whether any ban on gay marriage is unconstitutional.

Judge Vaughn R Walker, the chief judge of the Federal District Court in San Francisco, ruled that Proposition 8 – the measure which outlawed gay marriage in the state, approved by referendum in 2008 – “cannot withstand any level of scrutiny under the Equal Protection Clause” of the federal Constitution.

“Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest,” he ruled.

However, Walker placed an immediate stay on his own ruling, freezing it until a separate hearing determines whether to once again allow same-sex marriages while his ruling is appealed.


The ruling will now be appealed to the local branch of the national court of appeals, but commentators anticipate that the matter will ultimately come before the Supreme Court itself which would ultimately rule on whether all bans on gay marriage are unconstitutional.

The Equal Protection Clause provides that “no state shall [...] deny to any person within its jurisdiction the equal protection of the laws.”

Supporters of the legal challenge welcomed the ruling, claiming it a major legal victory in the quest for full equality.

“Being gay is about forming an adult family relationship with a person of a same sex,” said gay rights activist Jennifer Pizer, “so denying us equality within the family system is to deny respect for the essence of who we are as gay people.”

Pastor Jim Garlow, however, who had been an outspoken proponent of the ban, said congregations across America ‘would fast and pray for the ban to be restored.’

Other opponents argued that the Constitutional reference to ‘We the People’ would mean the court would acknowledge the fact that the public had twice voted against gay marriage – at Proposition 8 and also in 2000, when voters explicitly defined marriage as between “a man and a woman”.

The controversial proposition 8 was passed in November 2008 – on the same day that Barack Obama was elected president – by 52% of voters, which barred any future gay marriages, but did not rule earlier gay marriages illegal.

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