When a Majority Votes on the Rights of a Minority

If 5 wolves and a sheep got together and voted on dinner…

What is going to happen with the voter-induced California Constitutional Amendment banning same-sex marriage…

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument Monday in Perry v. Schwarzenegger, the challenge brought by gay and lesbian couples to Proposition 8, the California ballot initiative that amended the state’s constitution to only recognize marriage between opposite-sex couples only. After a lengthy argument that went on for more than two hours, at least one thing seems apparent: Prop. 8 will likely not survive its voyage through the federal courts.
The most important question after Monday’s argument is how broad or narrow the appeals court’s inevitable ruling will be. Will the judges decide that it is unconstitutional for state voters to take away same-sex couples’ rights to marry in a state where homosexuals previously enjoyed the right to marry the person they loved? Or perhaps, maybe, the judges will go further and rule that the U.S. Constitution protects a fundamental right to marriage, which applies equally to gays, lesbians, and heterosexuals, and thus that every state in the Nation must afford all of its citizens the equal right to marry? Or will the judges never even reach the merits of the case, deciding instead that the official backers of Prop. 8 do not have the legal authority to appeal the lower court ruling that struck the law down?

There are a lot of questions to be answered, and it looks like we’re just going to have to wait…

For up to date and current news related to Proposition 8, please visit prop8trialtracker.com.


About Steven Phipps

"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights." -Bishop Desmond Tutu
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