Supreme Court Cases: Marriage Equality?
Proposition 8, which amended the California State Constitution to define marriage as being between a man and a woman was a controversial issue in the last state-wide election. The proposition was word for word identical to an earlier proposition, Prop 22, which had amended the California State Family Code but which was subsequently declared unconstitutional by the California State Supreme Court. In that ruling, gay and lesbians were identified as a suspect class, a classification which among other things requires the government to meet a strict burden of proof showing a compelling interest when passing legislation detrimental to such a group. Additionally, the Supreme Court ruling affirmed marriage as a fundamental right reminiscent of the miscegenation rulings of earlier decades in which the rights of inter-racial couples to marry were upheld. Though state-wide proposition 8 passed with a slim majority of the vote, in Monterey County and in other Central Coast Counties, the proposition was actually defeated.
The battle over the rights of same-sex couples to marry is once again before the California Supreme Court having been challenged in three cases in which three fundamental questions will be addressed. First, the Supreme Court has asked to hear arguments as to whether Proposition 8 was actually a revision to the California State constitution rather than an amendment. This is an important distinction as constitutional revisions can not be accomplished through an initiative process. Second, the Supreme Court will hear arguments as to whether or not the proposition alters the balance of powers between the legislative and judicial branches of California state government. Last, arguments will be heard as to whether or not the proposition can invalidate same-sex marriages that have already taken place.
To better understand the issues that are involved and the rights that may be at stake in these cases, CitizenNewscaster.com interviewed three individuals that have been deeply involved in the campaigns either for or against the proposition.
Jeff Taylor was a candidate for the United States Congress during the last election. The core of his campaign was family values, which he insists require marriages only between men and women. Mr. Taylor was very active in the campaign in support of Proposition 8 helping to organize church congregations into political action.
Michelle Welsch has been a practicing attorney for 30 years. She is a scholar of constitutional law and she is the Chair of the American Civil Liberties Union Monterey Chapter Legal Committee. The ACLU of Northern California is acting as attorney for some of the petitioners in cases now before the court.
Joel Franklin is an appellate attorney that argues cases before the California Supreme Court. Mr. Franklin is also a scholar of constitutional law and he has co-authored an amicus brief which the Supreme Court will take into account as it weighs the merits of the arguments on both sides of the issues having to do with Proposition 8.
CitizenNewscaster.com hopes that you will enjoy and be informed by the accompanying documentary video. |
