Prop 8 gay marriage

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To understand Prop 8, you have to understand the events that set the stage. Statutes do not have the same weight as constitutional amendments - which would arguably be a reason to overturn Prop 8 all the more. While it is estimated that Catholic Archbishops and lay organizations were able to donate about $3 million to Prop 8, Mormons contributed over $20 million, a good part of that coming from Utah.

The Court reasoned that a generalized grievance about how the government is run is not the kind of specific, concrete injury required to bring a case. Hodges.

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Evangelicals and Republicans formed the core of Proposition 8’s support.

California's ban on same-sex marriage was soon overturned through the courts: While Proposition 8 would be upheld by the California Supreme Court the next year, in 2010 a U.S. District Court judge ruled Proposition 8 unconstitutional, with their decision stayed on appeal.

This period, often called the “Summer of Love,” was a profound moment of celebration for the LGBTQ+ community. Over 12 days, Judge Vaughn R. Walker heard testimony from historians, psychologists, and the plaintiff couples themselves. They argued that Prop 8 was a textbook violation of the Equal Protection Clause. Therefore, the Supreme Court vacated the decision of the Ninth Circuit, and remanded the case for further proceedings.

They pointed out that many heterosexual couples cannot or choose not to have children, yet are allowed to marry. Debates over transgender rights, parental rights, and school curricula are extensions of the same fundamental questions about equality, identity, and tradition that were at the heart of the Proposition 8 fight.

The journey of Proposition 8 through the court system was a long and winding road with dramatic twists and turns. The trial meticulously documented the history of marriage discrimination and the lack of any rational basis for the law. She remembers worrying about how the trial might affect their lives, “not only for me, what it might be like for my kids, for my parents, my siblings and my community.

LDS church members were said to be about 80 to 90% of the volunteers for door-to-door canvassing.

Once Prop 8 had been upheld by the state courts, two same-sex couples filed a lawsuit against Prop 8 in the U.S. District Court for the Northern District of California in Hollingsworth v. Unlike a regular law passed by the legislature, a constitutional amendment is much harder to challenge or change.

The proposition was created by opponents of same-sex marriage before the California Supreme Court issued its ruling on In re Marriage Cases.

prop 8 gay marriage

In August of 2010, Chief Judge Vaughn Walker ruled that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, since itremoved rights from a disfavored class with no rational basis.

Step 1: The Vote (November 2008)

On November 4, 2008, California voters passed Proposition 8 by a margin of 52% to 48%.

Perry, ruling that proponents of initiatives like Proposition 8 did not possess legal standing to defend the resulting law in federal court. This ruling was then stayed pending appeal by Prop 8's advocates to the U.S. Supreme Court.

On June 26, 2013, the U.S. Supreme Court issued its decision in Hollingsworth v.