Same sex marriage prop 8. Prop. 8 and DOMA: The road to gay marriage.



Same sex marriage prop 8

Same sex marriage prop 8

June 26, at 1: August 12, at 5: The Supreme Court ruling, which found it had no legal authority to decide the merits of a challenge to Proposition 8, sends the case back to that original decision — and the only question now is how quickly same-sex couples can marry and whether that ruling will have immediate statewide effect.

But Proposition 8 supporters maintain former Chief U. A 9th Circuit spokesman, however, said the appeals court typically waits for the 25 days before taking any further action. The three-judge panel handling the case has not taken any additional steps thus far to accelerate the case in response to the state attorney general. The former judge added that there is no ambiguity in his view that his injunction applies statewide.

The Supreme Court found that it did not have the legal authority to go that far in the Proposition 8 case. In a ruling written by Justice Anthony Kennedy, the high court found the Defense of Marriage Act unconstitutional because it violates the equal protection rights of same-sex couples.

Kennedy also dissented in the Proposition 8 case, saying the Supreme Court had the ability to decide the challenge to the California law without the defense of state leaders. Writing in dissent, Scalia warned that the DOMA ruling would become fodder to groups challenging state bans on gay marriage, saying the issue should be left to the political battles unfolding across the country.

It also would provide federal benefits to the more than 18, same-sex couples married in before Proposition 8 was passed. The decision was welcome news for Karen Golinski, a San Francisco attorney who had an identical challenge to the federal law on hold in the Supreme Court awaiting the decision in a case out of New York. The couple married before Proposition 8 went into effect. Twelve states permit gay marriage, and politicians from President Barack Obama to three Republican senators have come out in favor of permitting gay and lesbian couples to wed.

The Obama administration, in fact, took the unprecedented step of urging the Supreme Court to find both Proposition 8 and the federal Defense of Marriage Act unconstitutional.

In California, a Field Poll earlier this year showed 61 percent of voters back gay marriage, much stronger support than when 52 percent of voters approved Proposition 8 five years ago and a profound change from , when Congress passed the federal law denying equal marriage benefits to same-sex couples. At that time, the public was overwhelmingly against gay marriage.

That short-lived maneuver, blocked by the California Supreme Court, spawned the first legal conflagration over same-sex marriage rights in the state. Those same-sex marriages were left intact, and, with the overturn of DOMA, the couples now are entitled to full marriage benefits. A Los-Angeles-based organization, backed by civil rights activists and Hollywood types such as director Rob Reiner, moved in early to overturn Proposition 8.

Solicitor General during the Bush administration. Bodies and Olson had squared off against each other in Bush v. Gore, but teamed up to force the U. Supreme Court to eventually tackle the gay marriage issue. Walker later declared the law unconstitutional, in the process becoming the target of gay marriage foes when he publicly revealed he was in a long-term same-sex relationship, a fact that had been well-known in Bay Area legal circles. Circuit Court of Appeals upheld Walker last year, albeit in a narrower ruling that found Proposition 8 unconstitutionally stripped away the previous right to marry in California without any justification.

The challenge to the federal law was pressed by Edith Windsor, an year-old New York woman who was denied equal estate benefits when her spouse and partner of 40 years died in , costing her hundreds of thousands of dollars in taxes that a heterosexual married couple would not have to pay. Howard Mintz covers legal affairs. Contact him at or follow him at Twitter.

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Dr. Phil - Same-Sex Marriage: Right Or Wrong? - Proposition 8 - Pt. 4/4



Same sex marriage prop 8

June 26, at 1: August 12, at 5: The Supreme Court ruling, which found it had no legal authority to decide the merits of a challenge to Proposition 8, sends the case back to that original decision — and the only question now is how quickly same-sex couples can marry and whether that ruling will have immediate statewide effect.

But Proposition 8 supporters maintain former Chief U. A 9th Circuit spokesman, however, said the appeals court typically waits for the 25 days before taking any further action. The three-judge panel handling the case has not taken any additional steps thus far to accelerate the case in response to the state attorney general.

The former judge added that there is no ambiguity in his view that his injunction applies statewide. The Supreme Court found that it did not have the legal authority to go that far in the Proposition 8 case. In a ruling written by Justice Anthony Kennedy, the high court found the Defense of Marriage Act unconstitutional because it violates the equal protection rights of same-sex couples. Kennedy also dissented in the Proposition 8 case, saying the Supreme Court had the ability to decide the challenge to the California law without the defense of state leaders.

Writing in dissent, Scalia warned that the DOMA ruling would become fodder to groups challenging state bans on gay marriage, saying the issue should be left to the political battles unfolding across the country. It also would provide federal benefits to the more than 18, same-sex couples married in before Proposition 8 was passed. The decision was welcome news for Karen Golinski, a San Francisco attorney who had an identical challenge to the federal law on hold in the Supreme Court awaiting the decision in a case out of New York.

The couple married before Proposition 8 went into effect. Twelve states permit gay marriage, and politicians from President Barack Obama to three Republican senators have come out in favor of permitting gay and lesbian couples to wed. The Obama administration, in fact, took the unprecedented step of urging the Supreme Court to find both Proposition 8 and the federal Defense of Marriage Act unconstitutional. In California, a Field Poll earlier this year showed 61 percent of voters back gay marriage, much stronger support than when 52 percent of voters approved Proposition 8 five years ago and a profound change from , when Congress passed the federal law denying equal marriage benefits to same-sex couples.

At that time, the public was overwhelmingly against gay marriage. That short-lived maneuver, blocked by the California Supreme Court, spawned the first legal conflagration over same-sex marriage rights in the state.

Those same-sex marriages were left intact, and, with the overturn of DOMA, the couples now are entitled to full marriage benefits. A Los-Angeles-based organization, backed by civil rights activists and Hollywood types such as director Rob Reiner, moved in early to overturn Proposition 8. Solicitor General during the Bush administration. Bodies and Olson had squared off against each other in Bush v. Gore, but teamed up to force the U.

Supreme Court to eventually tackle the gay marriage issue. Walker later declared the law unconstitutional, in the process becoming the target of gay marriage foes when he publicly revealed he was in a long-term same-sex relationship, a fact that had been well-known in Bay Area legal circles. Circuit Court of Appeals upheld Walker last year, albeit in a narrower ruling that found Proposition 8 unconstitutionally stripped away the previous right to marry in California without any justification.

The challenge to the federal law was pressed by Edith Windsor, an year-old New York woman who was denied equal estate benefits when her spouse and partner of 40 years died in , costing her hundreds of thousands of dollars in taxes that a heterosexual married couple would not have to pay.

Howard Mintz covers legal affairs. Contact him at or follow him at Twitter.

Same sex marriage prop 8

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3 Comments

  1. Same-sex marriage became legal in Washington in March Writing in dissent, Scalia warned that the DOMA ruling would become fodder to groups challenging state bans on gay marriage, saying the issue should be left to the political battles unfolding across the country.

  2. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas.

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