Saturday, 8 December 2012

California Supreme Court to Issue Ruling on Prop. 8

On Friday, the California Supreme Court announced plans to rule on the constitutionality of Proposition 8, a voter initiative that was aimed at limiting marriage to man and woman betrothals only. Along with voting on Prop. 8, the Supreme Court will also determine whether legally married couples should receive equal benefits under federal law. The vote will be a landmark moment in the fight to allow same-sex marriage as it calls into question whether the ban is constitutionally acceptable or not, which will affect the entire nation. Proposition 8 was voted in by the people of California in 2008, garnering 52% of the votes.

Proposition 8 has been hotly contested since it was proposed, and the impending decision will provide some finality, though the Supreme Court has also left themselves some escape routes. They may rule against Prop 8, while saying that the defenders of the initiative a legal right to an appeal, which would allow both same-sex marriage to continue and the opposition of same-sex marriage to continue. They may also rule that denying same-sex marriage is unconstitutional, which would open the door for a national clearance for same-sex marriage. And of course they could also make a ruling that only denies Prop 8 in California.

The ruling on whether equal benefits should be provided for both parties in a legal marriage may seem less newsworthy than the constitutionality of Proposition 8, but is actually of extreme importance. Equal benefits are a major reason, along with having equal rights, why many same-sex couple want to get legally married. It falls under the Defense of Marriage Act, which has been through the court system already in New England, New York, and California. The part of the Defense of Marriage Act that denies federal benefits to legally married couples has already been ruled unconstitutional by the court systems in those states.

For those people that are directly affected by the outcome of the ruling, the option to change states is always available. It's not the most ideal choice, but there are professional movers in Los Angeles who are awaiting the outcome to see if there are families that will need help moving. Moving out of the state would be a dramatic reaction to the ruling, which will only directly affect most citizens in terms of the tax dollars they shell out at the end of each year.
Many California citizens are standing on the tip of their heels waiting for the Supreme Court to make their final decision on prop. 8.

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