Proposition 8 Overturn: What’s Next?
A fierce battle reached its end on February 7th when a 9th circuit court of appeals in California overturned Proposition 8, a referendum which banned same-sex marriage in the state of California. The court deemed the ban unconstitutional, stating that its sole purpose was to decrease the Lesbian, Gay, Bisexual, and Transvestite (LGBT) community’s rights.
Proposition 8 was introduced onto the November 2008 state election ballot of California. The ban declared that only the marriage between a man and woman would be legally recognized by the state.
Right after it was passed, numerous lawsuits and appeals challenging the bill were filed. One of these was Perry v. Schwarzenegger, now known as Perry v. Brown, filed in 2009, which asked for the blocking of Proposition 8.
When the case was tried in August 2010, Judge Vaughn Walker ruled that Proposition 8 violated the due process and equal protection clauses of the Constitution. Judge Walker then issued an injunction against the ban and asked for his ruling to be kept, pending an appeal of the ban. The appeal was put before a 9th circuit court. After more than a year of court battles, the Judge’s decision was upheld, and Proposition 8 was overturned.
Members of the LGBT community are thrilled with the news.
“I’m grateful it was overturned,” said, Edwin Presswood Castro, a Biological Science and Teaching major at Florida State University, and a member of the LGBT community. “If laws are made for the people, by the people, then why are laws like that against the people?”
Many outside of the LGBT community are also satisfied that Proposition 8 has been ruled unconstitutional and subsequently overturned.
“I’m pleased it was overturned,” said Mathew Mansueti, an International Affairs and Political Science major at Florida State University. “I think it was stupid to have a law like that in the first place.”
There are others, though, who are not so happy about the overturning of Proposition 8. Some people worry that same-sex marriage will damage the institution of marriage, and that if same-sex couples are allowed to marry then they would also be able to adopt.
“We are not surprised that this Hollywood-orchestrated attack on marriage – tried in San Francisco – turned out this way. But we are confident that the expressed will of the American people in favor of marriage will be upheld at the Supreme Court,” said Brian Raum, senior counsel for the Alliance Defense Fund, a Christian legal aid group based in Arizona that helped defend Proposition 8 in an interview with the Huffington Post.
Mitt Romney denounced the decision as an attack by “unelected judges” on “traditional marriage” and predicted that the Supreme Court would decide the issue.
“That prospect underscores the vital importance of this election and the movement to preserve our values,” said Romney in an interview with the New York Times.
There are several possible consequences, both negative and positive, of Proposition 8 being overturned. One possibility is that the decision will be left alone for a little while before it is contested again. There is also the possibility of the opposition appealing the decision immediately. If it was to be appealed again, then it could be done in one of two places—either again in California at a larger 9th circuit court or in front of the Supreme Court.
“Going to court is never ideal for social movements,” said Dr. Deana Rohlinger, a Sociology professor at Florida State University who specializes in social movements, social media, political participation, political culture and democratic processes. “The Judicial process is slow and expensive, and decisions can always be overturned. That said, these political moments are important because [they] can re-energize supporters and opponents of an issue. Supporters of same sex marriage might see this as the ideal moment to write a check to an organization or celebrate the victory.”
This energy can already be seen in some LGBT community members.
“I think the people against it are going to try to take it to the Supreme Court,” said Florida State University Studio Art major and LGBT community member Andrew McCormack. “At the same time that I don’t want them to appeal it, I think that same-sex marriage has been waiting for the right case to go before the Supreme Court and this might just be it.”
However, others are concerned that even with a court appeal, a resolution to the issue could still be far in the future.
“I want it to go to the Supreme Court, but I have the feeling that if it did, and the decision was upheld, people would continue to attack it,” said Steinman. “People would be lobbying and rioting in the streets over it.”
Roe v. Wade, the 1973 case in which the Supreme Court ruled in favor of legalizing abortion, remains a topic of controversy today, despite its age. People are still arguing against the ruling and are constantly lobbying to appeal it. Many think a Supreme Court ruling for gay marriage would have similar results.
“Opponents of same sex marriage might see this as a real threat to their beliefs and, similarly, ratchet up their political activities and contributions,” said Rohlinger. “Of course, anytime an issue is big news there is the potential to draw in new recruits and create new kinds of challenges.”
If the case was put in front of the Supreme Court for a final ruling there is the possibility that they would rule in favor of making same-sex marriage legal, but they could also rule that same-sex marriage is illegal. This is all under the assumption that the Supreme Court would consent to rule on this issue at all. For now, eager onlookers from both sides of the issue will just have to wait.
