Hi all,

I wanted to share an update on the prop. 8 and gay marriage update.  Here is a story posted on yahoo from the Associated Press (AP) talking about the latest news.  According to the article, to sum up, is that the Judge who overturned prop. 8 (California’s amendment banning gay marriage), gave a week for appeal process.  During this time, gay marriage will resume as of next Wednesday, August 18, 2010 provided that the 9th U.S. Circuit Court of Appeals does not block it.  May supporters of same-sex marriage, including myself, feel that this is a step towards achieving equality for a group of minorities in this country.

Before I continue with my understanding of this issue, I want to give a perspective of the Court system.  It is apart of the check and balance system that after the legislative and/or executive branches does anything with the legal system, through the harms of the citizens, the judicial branch (through lawsuit(s) of those harmed), it can be corrected. For example, lets say all laws making texting and driving illegal were repealed tomorrow.  Then, someone texting while driving harms or kill someone.  Then, the victims can sue the person responsible and the city and state for injury and to ask for such laws to make texting and driving illegal again.   Now you can parallel the logic to where it can apply such as Obamacare, AZ immigration law, etc…so on and so forth.

To explain the how the lawsuit was based on this case with the case law involving the GBLTQ community the claim (in terms of those harmed) the plaintiff’s argument is that under the 14th amendment (and under the logic that state laws and amendments that are in conflict with the federal equivalent, you defer to the federal government laws and amendments), that under the federal constitution, Prop 8 that adds a state amendment banning same sex marriage violates the equal protection clause of the US constitution’s 14th amendment that states “… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (wikipedia).”  To this end, the judge in this case bought this argument agreeing that this amendment discriminated against gays because it denies gays the liberty of equal protection of the laws of marriage.  It is reasonable to say that there is president that minorities of any kind can marry considering that it is on the books that at least interracial marriages were legalized in America.  This is the logic allowed for the plaintiffs in this case to successfully get Prop. 8 overturned.

But I do admit that there is concern for overturning Prop. 8.  I’m sure your asking yourself, “if Steve is hailing the ruling, what possible problem could he have?”  Well the thing is that this proposition is hideous and hate filled from religious institutions and people who are more narrow minded, it is the idea that a voter- approved law that can be so easily overturned.  If voter approve measures are overturned, no matter how vile, disgusting, and hideous measures are that are approved, then what kind of democracy can we have faith if the voter approved measures are overturned?

I do admit that either side has a concern regarding this specific case while going to the appeals process involving this case.  But I do feel that this decision should be upheld because I do feel that this does discriminate against the gay community and it does violate the 14th amendment which is deferred to considering Prop. 8 is in conflict (as a state amendment) with the federal amendments in the Constitution (which is the law of the land in the US).


Articles I looked at:



Plus my general understanding of the judicial system and the checks and balances system.