Proposition 8, the controversial California state ban on same sex marriage, has been overturned. Sort of. In a 5-4 decision, the US Supreme Court has ruled that the supporters of Prop 8 had no constitutional authority or standing to defend the law.
The ruling is a little complicated but I will try to explain it. But first, a little history about Proposition 8.
Back in May of 2008, the California Supreme Court ruled that gays had a right to marry in the state. But just six months later voters passed Proposition 8, which banned gay marriage. This was a very controversial campaign because most of the money for supporters came from out of state. After the passage, two gay couples sued, and won, in federal court to have the ban overturned. But the presiding judge suspended his own ruling, giving Prop 8 supporters time to appeal.
This brings us up to the Supreme Court’s ruling. While the justices’ ruling has effectively killed Prop 8, it is important to know that they have not said the law was unconstitutional, just that the defenders had no standing to appeal the lower court’s decision. “Standing” is a legal term that basically means that the proponents must have a personal stake in the outcome of the case. They have to prove that they will somehow be harmed by the decision. This rule makes it so that not just anyone can sue over anything in federal court.
While many people are celebrating and making wedding plans, the state of California cannot start issuing same sex marriage licenses right away. The process of finalizing the Supreme Court’s decision will probably take about 30 days. And while it is a great day for those who defend civil rights for all citizens, it has to be said that the fight is far from over. Because the Supreme Court did not rule on the legality of Prop 8, those supporters of “traditional marriage” can still introduce similar propositions during the next election cycle. And the one after that.
They can keep fighting gay marriage as long as there is money to support their cause. And there is a lot of anti-gay money out there. Because the Court made no decision on whether gays have a constitutional right to get married like everyone else, this battle will continue far into the future.
So where does this leave us?
In a little more than a month, California will start issuing marriage licenses to gay couples. Opponents of gay marriage will no doubt try to introduce new laws that will ban gay marriage not only in California, but in other states as well. The fight for equality for all citizens will go on.
Some say that marriage equality is an idea whose time has come. They say that as a country, we are ready to extend the right to get married to all citizens no matter their sexual orientation. That may not be entirely true. As a country, we might not be ready.
It is important to remember that California is seen as a “liberal” state. That we are tolerant to any lifestyle and anything goes out here. However, Proposition 8 was passed with 52 percent of the vote. There was massive voter turnout in 2008 because that was the first time Barack Obama ran for president. So maybe we weren’t ready for marriage equality back then. But are we really ready for it now?
