Prop 8 Dismissed By Supreme Court; Gay Marriage Legal in California Once Again

by at . Comments

Same-sex marriage supporters went 2-for-2 on this 26th day of June.

Having already struck down DOMA, the U.S. Supreme Court dismissed California's Prop 8, effectively making gay marriage legal in the Golden State.

Prop 8 Opponent

By a 5-4 vote, the justices held in Hollingsworth v. Perry that an appeals court's rejection of California's same-sex marriage ban would stand.

The petitioners did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial.

Chief Justice John Roberts wrote in the majority opinion:

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to."

“We decline to do so for the first time here.”

Roberts was joined in his 5-4 majority opinion by Associate Justices Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer, and Elena Kagan.

Justice Anthony Kennedy filed a dissenting opinion in the much-watched Prop 8 case, joined by Clarence Thomas, Samuel Alito and Sonia Sotomayor.

The judgment of the Ninth Circuit Court of Appeals was vacated and the case remanded with instructions to dismiss the appeal for lack of jurisdiction.

As many predicted, the ruling was limited in scope.

The SCOTUS avoided the plaintiffs' contention that Prop 8 deprives them of their constitutional right to equal protection through the ability to marry.

By dismissing the challenge to the lower court's ruling, the justices cleared the way for gay marriage in California, but left other marriage laws untouched.

California voters approved Proposition 8 in 2008 through a ballot initiative, reversing the State Supreme Court's recognition of gay marriage earlier that year.

Two same-sex couples challenged the ban in federal court, and by the time their suit reached the justices, two lower courts had declared it unconstitutional.

Those rulings were effectively upheld by the SCOTUS, which decided that the private parties challenging them lacked the legal standing to do so.

Same-sex marriage:

Tags: , ,
Avatar

I'm Christian, I certainly don't hate anyone that is Gay. My best friend in fact, Is gay. Hating someone and thinking what they're doing is wrong, Are two completely different things. Gay's just want to act like they live in a world of hate and no one to support them when that clearly isn't the case. Marriage was created by God. Heck, The first historical document of marriage and where the idea of marriage came from, Is the bible. I know a few atheists that even believe Gay's shouldn't be legally married because they at least understand that it's a Christian Ritual. It would be ridiculous if I celebrated a Jewish holiday. But it's just the same as Gay's and non Christians wanting to marry... It's just not even logical! at all! So we DO have equal HUMAN rights. Date them all you want. Be gay all you want.. But no need to drag something that Our God made into the picture. If you want to be more seriously commited then make up something else close to or mirroring marriage. But using something the Lord made and acting like you have a right to it when he clearly states no man is to lie with another man. Not cool at all and is really a smack in the face to our religion.

Avatar

The only group of people I dislike on this Earth are bigots, and it's so lovely to see good prevail like in this article. At least I dislike bigots for their hateful, sometimes violent actions. Bigots hate for things people are BORN with - you know created by that SAME God some of you claim you're supporting! Oh and Abe, nice number crunching there buddy...refer to the poll on this very page above! Looks like you got your data backwards you fuckhole! Oh well keep at it anyway, I'm sure one of these days you'll make it past...daycare.

Avatar
@ Bigots, rest in pieces.

as far as we know marriage predates all recorded history. But the main issue is for the most part in our society marriage has ceased to become a religious institution and has become a legal institution carrying protections and benefits. for the government to continue marriage as a social institution while only favoring it towards your narrow biblical definition would violate the establishment clause of the constitution. therefore the only way to uphold your religious claim is to abolish marriage as a legal institution completely

Avatar

Makes me sick.

Avatar

THE "SOUP - REEM" COURT HAS NO POWER TO CONTRADICT A DICISION OF THE PEOPLE ..... DO U SEE THEY GOT TO GO ... BY ANY MENAS NECESSARY !!!!

Avatar

it doesn't matter, some 85 percent of the american citicenz hate F*ggots!!

Avatar
@ abe

^^90% of all statistics are made up on the spot.^^