lingsworth v. Perry
Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.
Issues: There are two main issues in the case. The first issue,