Proposition 8 ruled unconstitutional by California court

Rachelle Davis
2/17/12

The 9th Circuit Court of Appeals reaffirmed an earlier ruling from 2010 stating Proposition 8 was unconstitutional on Feb. 7.
“The 9th Circuit’s decision upholds a necessary precedent that a vote cannot remove a right granted to citizens,” Kevin Garner, instructor of communication and assistant debate coach, said.
According to the New York Times, the ban on same-sex marriage was passed on Nov. 4, 2008 after the Supreme Court of California ruled that there could be no restrictions put on who can be married. A federal law suit was filed on behalf of two gay couples who stated that Prop 8 violated their Constitutional rights to equal protection and due process.
Judge Vaughn R. Walker, chief judge of the Federal District Court of the Northern District of California, made the decision in 2010 ruling Prop 8 unconstitutional.
Despite the decision, many suspect that further action will be taken. “Both sides acknowledge that the decision isn’t the last word on the subject—an appeal to the U.S. Supreme Court is expected,” Mark Memmott of NPR wrote.
Both Garner and Sam Penney, senior and S.A.G.E. Vice President, are somewhat optimistic regarding the case should it go to the Supreme Court.
“The court has a long history of standing up for minorities,” Penney said, “I will be guardedly optimistic when it goes to the Supreme Court.”
Justice Anthony Kennedy is seen to be a swing vote, according to Garner. Kennedy has sided in favor of LGBTQ equality in the past.
“I am somewhat confident the Court will rule for the side of equality,”