San Francisco (CNN) -- A federal appeals court ruled against California's voter-approved ban on same-sex marriage Tuesday, arguing the ban unconstitutionally singles out gays and lesbians for discrimination.
In a split decision, a three-judge panel of the 9th U.S. Circuit Court of Appeals found the state's Proposition 8 "works a meaningful harm to gays and lesbians" by denying their right to civil marriage in violation of the 14th Amendment.
"Very soon, Proposition 8 will be gone forever," said Kristin Perry, one of two women who challenged the ban in federal courts along with a male same-sex couple. "Today marks the culmination of what has been a transformational year."
Supporters of Proposition 8, which passed with 52% of the vote in 2008, said they were willing to take the issue all the way to the U.S. Supreme Court. And a stay halting same-sex marriages remains in place as the appeals continue.
The Alliance Defense Fund, a conservative Christian legal foundation that backed Proposition 8, said it was not surprised that "this Hollywood-orchestrated attack on marriage -- tried in San Francisco -- turned out this way." But it said it was confident the Supreme Court would uphold "the expressed will of the American people." "No court should undercut the democratic process by taking the power to preserve marriage out of the hands of the people," it said.
Nevertheless, supporters of same-sex marriages cheered the decision when it was announced in San Francisco on Tuesday morning. "For me, it's a beautiful day," same-sex marriage activist Billy Bradford said. "But it's a great day for the Constitution."
Perry and her partner, Sandra Stier, are raising twin boys who will be ready to attend college next year. One of the boys, Spencer Perry, said he lived "in a home with a lot of love," but added, "Proposition 8 has done a really, really good job of trying to tear that love apart."
Tuesday's ruling affirms a 2010 decision by a U.S. district judge in San Francisco. In the majority opinion, Circuit Judges Stephen Reinhardt and Michael Daly Hawkins noted that they were speaking only to Proposition 8, and that other states would have to decide the issue of marriage themselves.
"For now, it suffices to conclude that the people of California may not, consistent with the federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of the right to use the official designation that the state and society give to committed relationships, thereby adversely affecting the status and dignity of the members of a disfavored class," the opinion states.
Wednesday, February 8, 2012
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I think that if you're happy with someone, whether it being the same sex or not. It may be wrong in some religions but if your getting married to the same sex and its not your religion, you shouldn't care. It's their life not yours, don't try to change them or say stuff to them because you don't like it. It's like mind your own business
ReplyDeleteCheyenne Hjelle
P.7
I come from a very catholic family, so gay marriage is looked down apone. Even though my family doesn't believe it's right I think when you find that someone that you want to be with for the rest of your life that you should have the right to be with them. I don't understand why so many people think its so bad. In your life you make decisions, why can't you make the choice to be with the one you love?
ReplyDeleteChelsey Daly
P.3
I think I agree with Cheyenne. If someone wants to be with someone else it really shouldn't matter, because if you don't like it, thats fine, you don't have to have anything to do with them so why care? People should be able to marry whoever they want, regardless of your and your partners gender.
ReplyDeleteMacKenzie H.
p. 7
I don't necessarily agree with all the comments made, but i do believe that if they truly love each other, then sure they have the right to be in a romantic liaison. The problem is, should they have the right to marriage? I don't think that they should, and before anyone judge me for this, hear me out. Our country was founded by the founding fathers and in the name of God, so I think it would be kind of unpatriotic to those whom has spent time and risks their lives to contribute to the change in this country. There's also religious stuff, which I won't go into because that's going to create more argument. As Cheyenne said, people have the right to their opinion.
ReplyDeleteTanoyS P.3
I believe that love is made out or expressed in many different ways and gay,being one of them,shouldn't be frowned upon.I don't know any thats gay but I'm sure that they're treated like everyone in all other aspects,so why disclude them.I'm not saying I'm a fan of gays,I'm saying that we shouldn't ban something involving love.
ReplyDeleteChris W P.1
I don't think that a state or a government for that matter should be able to tell people whom they can be married to and who they can't be married to. It should be completely up to the persons orperson it directly affects not the entire state or nation
ReplyDeletePeriod7
Joel. U
I personally think the government needs to stay out of peoples love life. If people of the same sex just happen to make one another happy we should be able to let them be together. I personally think it's a little weird when I see people of the same sex together and they are a couple, but I'm not going to go up to them and judge them for it. I mean who am I to have the right to judge another person on what they like. Finally I think the government need to learn to stay out of peoples love life or just life in general unless they are really needed there for a correct and justified reason.
ReplyDeletePeriod 3
Kristin M.
I don't agree with gay marriage because a marriage is by definition the union of a man and a woman, everything else can not be a marriage, I respect gays and lesbians even though I don't agree with them, a lot of people use the religion to say it's wrong and my religion dissaproves this, but that in case someone is a non believer, it goes agains nature, even with the animals, its always a male and a female, that's the way its supposed to be, Another argument nowadays is that homosexual people is born like that, a recent research shows that only 1% of homosexual people is born like that so that is not an excuse to justify them, a lot o them, I think, are doing it for fashion or because they want attention, and if they want to be treated like a normal person, well its never going to be normal to see to guys kissing, so i they want to be together i respect that , but not like a marriage because it is not.
ReplyDeleteLucy M 7
I'm one who believes in equality on every level except in areas where hard work could earn someone's right to having a somewhat larger slice of the pie; but this is not one of those cases. I believe anyone should be able to marry anyone due to my belief that government should protect the rights of the minority from an oppressive majority. Marriage wouldn't be such a big deal to me if nothing was changed in them, both socially and economically, but they are. Things like small tax breaks and other benefits create an unfair advantage to heterosexuals. To dispute with Lucy's argument, 6% are born gay, and studies have shown signs that homosexuality is GENETIC, so they are born gay even if they may not know they are. Socialization eventually will cause them to realize their sexuallity and I protest anyone being shunned due to something they have no control over. THAT'S nature. Being shunned as they are can cause horrible mental problems like major depression syndrom or even schizophrenia. Social seclusion is the main source of suicide, so you could argue that in a way legalizing gay marriage helps prevent loss of life to some extent. Also, religion is no excuse due to the wall of separation clause in the Constitution.
ReplyDeleteZane H4
I think it should matter who you marry even if it were to be the same sec or not. If you truly love someone you should be able to marry them. People who think it's totally wrong because of their religion then whatever, it's your religion not theirs so they should just mind their own business.
ReplyDeleteRyder E 7
I agree with Ryder. Love is love. Why does it matter if they are the same sex? They are still human. They still have feelings just like everyone else. I just think it's ridiculous that they want to ban gay marriage. It's their life, their choice. We really have no say in what they want to do with themselves.
ReplyDeleteAnita R. P3
i think they should be able to do what they want it is there choice and not ours to run there life. if they want to be in a gay marriage then so be it they can do what they want when they want and how they want to do it its not our life to run.
ReplyDeleteKyle Sylvester p1
I think any state should allow gay marriage. Because they're human being. It should be their right to marry another sex. I also agree with Ryder.
ReplyDeleteLucky S. p7
I don't believe gay marriage is right. Marriage came from God and was meant to be between one man and one woman. Also, Californians voted themselves to ban it. If the government is representing the people, they should listen to what the people want, shouldn't they? You can love someone without marrying them.
ReplyDeleteAlex H. p3
LAST COMMENT!
ReplyDeleteI think that it shouldn't matter if someone is gay or not. I also think that people shouldn't care. i think that its stupid that they wouldn't let people have gay marriages.
ReplyDeleteMacKenzie N. 1
LAST COMMENT
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