California marriage ban ruled ‘unconstitutional’

California marriage ban ruled ‘unconstitutional’

California’s same-sex marriage ban may be overturned, with a US court ruling it ‘unconstitutional’ overnight.

The New York Times reports a federal appeals court panel ruled on Tuesday that the voter-approved ban (Proposition 8) on same-sex marriage violates the 14th Amendment of the Constitution by discriminating against gay and lesbian people.

It’s now thought the case will head to the US Supreme Court.

A panel of three judges found that Proposition 8 — passed in November 2008 by a majority of Californian voters (52 percent to 48 percent) — violated the equal protection rights of two same-sex couples who took the case the court.

“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different people differently,” Judge Stephen Reinhardt wrote in the ruling.

“There was no such reason that Proposition 8 could have been enacted.

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California.”

If the case goes to the Supreme Court, a decision could have wide-spread implications on whether states will be able to ban same-sex marriage in the US.

You May Also Like

One response to “California marriage ban ruled ‘unconstitutional’”

  1. In an extraordinary departure from any stories of the life the Jesus, the Mormon Church and Catholic Church united in California, to setup an organization that acted as a respectable front to defeat those who want equal Civil Rights for Same-Sex couples –this front sought to hate they neighbour. Even its head was scripted- a mother who was “concerned” about her children. Jesus did not ask the Church to mix with the State and run toxic political campaigns based on hate. He never said anything about the Centurions who had Same-Sex Unions around him. In fat he never said a thing about homosexuality.

    I do not believe the Pope is any more in touch with the life of Jesus then someone who is living on the streets or you and I. I am not sure I would like a former Hitler Youth as head of my Church, who recently called up and old prayer calling for the conversion of people of the Jewish faith. But that is a matter for Catholics.

    If we think smearing homosexuality to child sex is unique to America, we only need to look at Robert Clark, the Attorney General of Victoria, who told parliament homosexuality is a destructive lifestyle, and homosexual’s molester children more –quoting one medical students text. Or, we can look at the work Beyond Blue is doing. Take for instance the Chairman of the Board and Ambassador Jeff Kennett, likening employing a bi-sexual person to employing a paedophile.

    I do not get or understand the hate that lives at the heart of these campaigns against our Civil Rights. In Australia you can face discrimination in Nursing homes- we are not included in the Federal Equal Opportunity Act. In Victoria Ted Baillie has stripped many of our workplace protections from the State Equal Opportunity Act, despite strong opposition from an Anglican Bishop John McIntyre, who said this goes against what is at the heart of Jesus teachings –he did not teach hate of GLBTI people. Federally Malcolm Turnbull has said he will not follow his electorate who he said overwhelmingly supported Marriage Equality. Clem Newton-Brown and Mary Wooldridge, marched in Melbourne Pride on the weekend, yet they they voted to strip our protections out of the Equal Opportunity Act, they told children discrimination is acceptable against GLBTI citizens.

    My local Anglican Bishop said to me once that in times to come, we will look back and say “How could we have been so cruel to good and decent people”. At the Rudd 20/20 Summit it was an Anglican priest who argued for Marriage Equality, and 98% of people agreed.

    Things are changing for the better, but we must hold politicians, organizations, and Church leaders to account, when they carry out acts of hate. Our freedoms are matter of eternal vigilance.