Marriage Equality : The California Supreme Court

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.

In an ever changing atmosphere where there are numerous definitions of family, why would it be important to have the right to have an official union? That civil right, to same sex couples, means that they are recognized equally to all other couples in this nation. In “The Conservative Case for Gay Marriage”, Theodore Olson discusses California’s Proposition 8 and its ramifications on the value of marriage. Olson states, “Marriage is one of the basic building blocks of our neighborhoods and our nation”. Same sex couples want to share in this value that having the right to marry gives them. Legalizing same-sex marriage according to Olson would, “represent the culmination of our nation’s commitment to equal rights” (Olson, 76). Having all the aspects of a model family are just as important to all types of couples in today’s diverse

The year is 2015 and I can’t imagine not having the freedom I do today. Marriage equality is a very recent topic in history. It wasn’t very long ago that laws prohibited the marriage of same-sex couples. I have decided to investigate the history of marriage equality and the organizations that helped make the dream come true. In order to fully understand the changes that occurred, and to comprehend the level of discrimination that was felt in the homosexual culture, one must first understand the history of the LGBTQ (lesbian, gay, Bisexual, Transgender and Queer) community. The harsh history of the LGBTQ community, and discrimination that was imposed on them and the organizations that strived to advocate for the LGBTQ community on a local, regional and national level is what eventually lead to the Supreme Court ruling on June 26th, 2015, stating that states cannot ban same-sex marriage.

History has an ironic way of repeating itself at times, the phrase “separate but equal” has rang through the ears of black culture millions of times, only for it to resonate itself within same-sex couples again. The debate of Civil Unions vs. Marriage was on the minds of many before 2015, when the Supreme Court ruled same-sex marriage legal nationwide. These Civil Unions that had existed only until recently was just the rationale used over a century ago for the same purposes. Both had the intention of having equality, but through corruption and misunderstanding, it was never fully achieved. Thankfully, just as the African Americans protested for their rights, the LGBT community also followed suit and won their rights, but not after a long

On June 4, 2008, the plaintiffs in this case include fifteen same-sex couples who wish to marry in California and support groups for lesbian, gay, bisexual and transgendered Californians. They were denied many times; however, now before the California Supreme Court, they argue that “California has long led the nation in recognizing that constitutional provisions guaranteeing equal protection, privacy, due process and freedom of association and expression require that lesbian and gay people, like all people, be treated fairly under the law.” Nonetheless these protections, California has denied same-sex couples the right to marry. That denial, they argue, violates the California Constitution.

Although many may simply think of the 2015 Supreme Court case of Obergefell v. Hodges when they think of what created marriage equality, the history is far more complex. The divisive struggle for the fundamental right to marry is full of many changes and continuities over time. Moreover, many of the strategies implemented largely parallel those of the African American civil rights movement. Both marked hard fought struggles for basic rights afforded others but excluded from minority groups, simply because of their sexual orientation or the color of their skin.

A major victory was won by the LGBT community when the Supreme Court ruled that same-sex marriage was legal on June 26th of 2015 across all of the United States. This ruling effectively states that any state-law restricting marriage to male-female is unconstitutional. This had been a fight since the 1970s when the issues of same-sex marriage first began to gain steam. Over the years, various states have legalised same-sex marriage to certain degrees, however it wasn’t until after 3 decades that the issue was finally acknowledged on a national level. This change furthers the ideology of freedom and equality of the american constitution and will invoke the betterment of

The Defense Marriage Act is also known as DOMA. This act has been around for decades and continues to change over the years to shape individuals rights and needs. Individual’s perception of marriage equality is constantly evolving, and the number of government officials that recognize same-sex marriage is constantly changing (Rodriguez & Blumell, 2014). This act not only affects the LGBTQ community and their families, but also affects the whole nation. Many have different opinions on the topic and what should be in the Defense Marriage Act. Some were elated with the recent decision in the summer of 2013 the LGBT community where included in the Defense Marriage Act. This arose when the language of section (2) in the DOMA, was defined as unconstitutional

LGBT has been national attention since legalizing same sex marriage throughout the country. Hate crimes, according to Collica & Furst (2012) is “motivated by bias leading to the level of evidence.” Unfortunately, the evidence resulting in lives lost, property damage,

The legalization of gay marriage has been a controversial issue in many state courts since the mid 1970s. Gay marriage scares many people because it strays from the norms of heterosexual relationships. Traditional American ideals have become a part of culture and society that everyone, regardless of sexual orientation, or race, or gender, expect to have as a basic human rights. Several times in history these have been identified as inalienable rights. One of the expected rights of many American citizens is the right to choose who they love, who they marry, and how they live their day to day life. When heterosexual Americans were introduced to the idea of same sex marriage, they became afraid that it would “taint the minds of the young members of the community,” since homosexualty was and still is frowned upon in the community. Thus, the homosexual community’s opportunity to freely choose how to live their life is taken

It wasn’t until October 12, 2007, that governor Schwarzenegger vetoed a bill approved by state law makers that would legalize gay marriage. On May 2008, the Supreme Court ruled that the state constitution protects a fundamental “right to marry” that would also extend to same sex marriage. The people were outraged saying that same sex marriages went against their religion on their views of a traditional marriage. People also argued that gay marriage went against the constitution as well because people could no longer have free exercise of religion. According to the Huffington Post, gay marriage, “Protects the free expression of religion, as supporters of Proposition 8 were worried that Gay Rights advocates were not affording them the same courtesy-to live and believe as they please-as the Gay and Lesbian community was/is demanding.” All these events eventually lead to picketing against gay marriage and the voice of the American people was starting to be heard on this

It’s been a while since same-sex marriage was legalized in California, but before it was legal they had to go thru a lot to make it happen. In 2000, same sex marriage was denied in California; Bay Area was the only area that the majority was supporting gay marriage all the other regions were against it. Republican state Sen. William Knight said that California wasn’t ready for same-sex marriage, he also believed that gay marriage would “violate the natural law”. In 2005, The state Assembly, in a stunning victory for the gay rights movement, approved a landmark bill allowing same-sex marriage Tuesday night and sent to Arnold Schwarzenegger. In 2008, there was a petition asking the California Supreme to order all 58 county clerks throughout California to stop issuing marriage licenses to same-sex couples.

The political aspects of whether same-sex couples should be allowed to federal and government recognized marriages are a very complex issue. There are basically two sides to the political argument of whether same-sex couples should be allowed to marry. On one side are the liberals who feel that marriage is a civil right that should be denied based on the basis of a person's sexual orientation. On the other side you have conservatives who feel that marriage is an institution in which should only constitute one man and one woman. In this report we are going to examine how the issue of same-sex marriages are affecting our current political environment, how politics is affecting the movement for

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all

One of the most controversial issues around today is gay marriages. Many believe that the media is primly responsible for the idea of same-sex marriages, but when it all comes down to it there are really only two sides; those who support gay marriages, and those who oppose them. Two authors write their opinions on their opposite views on this issue. Sullivan (2002) supports same-sex marriages and believes marriage to be a universal right, not just restricted to heterosexuals. Contrary to Sullivan, Bennett (2002) believes that marriage is a sacred traditional family value that should be set aside for heterosexual couples. (2002)Throughout this essay, I will summarize both authors’ ideas and evaluate them through their evidence and