Proposition 8 is a GONER! Nearly eight months after heading to court, a federal judge has made the decision to overturn the voter-approved ban on same sex marriage in response to a lawsuit brought by two same-sex couples and the city of San Francisco, on the grounds that the ban was unconstitutional.
But don’t go rushing to the altar just yet.
This hot-button issue has been volleyed back and forth both in courtrooms and on ballots for the last few years. In November 2008, just five months after the state Supreme Court legalized same sex marriages in California, Proposition 8 was passed by a pretty close margin — 52 percent of the vote — putting a ban on the rights that same-sex couples had only just gained.
Even now, it’s expected that proponents of the ban will seek an appeal. In fact, lawyers for the coalition of the same conservative groups that sponsored Proposition 8 in the first place, filed a legal brief in advance of the decision asking Judge Walker to stay his decision if he overturns the ban so that gay couples cannot marry while an appeal is pending.
“Same-sex marriages would be licensed under a cloud of uncertainty, and should proponents succeed on appeal, any such marriages would be invalid,” they wrote.
If they follow up on plans to appeal the decision the case will next go to the 9th U.S. Circuit Court of Appeals before heading to the Supreme Court if the high court justices agree to a review.
Whether you agree or disagree with same sex marriage we should all recognize that this is a very important moment in American history. Just as our children read about the Civil Rights Act in school, one day young Americans will learn about the legal battles over same sex marriage.