Gay Marriage Ban Unconstitutional, Court Declares
Twitter erupted in celebration, as the controversial anti-gay marriage law, Proposition 8, was struck down by the 9th U.S. Circuit Court of Appeals in a 2-1 ruling. The decision paves the way for the Supreme Court to make the final decision. While proposition 8 was narrowly passed by popular vote in California in 2008, social media was ablaze with critics and media alike hailing the ruling.
— Slate (@Slate) February 7, 2012
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The courts ruling is intriguing, since the supporting argument did not decide on whether same-sex marriage is constitutional. Instead, the court decided that rights could not be revoked without a “legitimate reason,” placing the burden of proof on Proposition 8 advocates to find evidence that gay marriage is harmful to society. “Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted,” the ruling stated.
This puts the opposition in tricky territory, as most of the evidence demonstrates that there is no significant differences between children raised by gay couples. In other words, if gay parents can raise children just as well as straight parents, there is very little evidence-based arguments that Proposition 8 proponents can use to make their case.
However, victorious opponents of Prop 8 feel now, the relatively conservative Supreme Court could be a hurdle. How do you feel about the ruling?