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 **Kelsie Newman** **February 9, 2012** **Honors American Studies** Court: Calif. Ban on Gay Marriage Is Unconstitutional February 7, 2012

**Summary:** California's federal appeal's court has declared same sex marriage ban unconstitutional. A three-judge panel of the ninth U.S. circuit of appeals ruled, along with a lower court judge; that the Proposition 8 was a violation of the civil rights of gays and lesbians. (Proposition 8 was the act to eliminate rights of the same-sex couples to marry.) There was a hearing on Tuesday in San Francisco about the banning of same-sexed marriage, and they overturned the ban and went against proposition 8. Chad Griffin, the president of the American Foundation for Equal Rights, said that this message that it sent to young people who are LGBT is that you cant strip away a “fundamental right” Meaning you cant strip away the right to marry who you want. As of now gay marriages are on hold in California until the appeals process ends. This case was similar to the Proposition 22 that stated “marriages between a man and a woman are valid in California.” This discriminated against gays, so the Supreme Court ruled that it was unconstitutional eight years later. There was a four-month time period after the Supreme Court ruling and before Prop. 8 was in effect, and about 18,000 couples (of the same sex) got married and the Supreme Court upheld those marriages. Some of the people in favor for Proposition 8 got mad because the judge of the hearing was infact gay, and they thought it wasn’t fair that he ruled against the banning of same-sexed marriage, just to be in favor so he could do it. Supporters of Prop. 8 thought that Walker should be thrown out of the hearing, but the court denied it. **Evaluation:** For years and even to the end of time our country is dealing with gay marriage. No matter where people live they will be facing it in their life. It’s not a big deal. People can’t help who they like; they should be able to marry anyone they want. It’s not fair that different sex marriage gets to be wed, but the same sex doesn’t. There isn’t any difference besides the fact that its boy and boy or girl and girl. They still love each other just like different sex marriage. California needs to open there eyes and know that there is going to be people fighting back for what they want. Their minds are immature to the fact that it happens, they need to expand there way of life and beliefs and just let it happen. Also, the judge that was in charge of the hearing on Tuesday was gay. People were mad about that, they believed that the only reason Proposition 8 was turned down, was because of his sexuality. Some people need to face the fact that there are other reasons why they ruled against it. It was unconstitutional and was discriminating against gays. They can’t rule in favor of something if it’s against the constitution, because then so many things could be ruled against or in favor for that wouldn’t be right. The supreme made a good choice in denying the Proposition 8, and making gay marriage allowed in the state of California. Everyone state should soon open their eyes and make it happen as well. **Relevance** : The gay society has been struggling for centuries with their right to marriage and living a normal life like the rest of the world. Even today we are dealing with problems the entire world. Don’t ask, Don’t tell has been a big thing in today’s society. This is the right for gays to openly join the Military. If someone of this sexually was asked if they were gay they would have to lie and tell them they weren’t. Meaning they couldn’t be them selves and express who they are, like everyone else could. This is like what is happening in today’s society. LGBT can’t express their feelings to who they love, and show people that by being married. They are restricted that right. They should have the same rights as anyone else, nothing is different. They are restricted so much and all they want is to be like everyone else. Thomas Jefferson proposed a law that would mandate castration for gay men and mutilation of nose cartilage for gay women, in 1779. This basically refused them to have sexual intercourse with the same sex if they were gay. Even though this law was thrown out and doesn’t happen in this day and time, there are still restrictions in some states for gay marriage. This is just like today, because they are being restricted with something they want to do. This was known as the beginning of the Gay rights movement and during the 1950’s an organization started for gay rights. They were for it and at the time it was really dangerous to be apart of since it was such a big deal back then. They started to fight against Thomas Jefferson’s ideas and wanted equal rights. **Questions** : - Why did they ban same sex marriage anyway? -If they ruled against Propostion 22 8 years ago, why would they even allow Proposition 8 to come in effect? -Does the Supreme Court have ultimiate power over every state? Or does each state have its own Surpeme Court? -Would the judge that was gay and in charge of the hearing on tuesday get introuble since he favored fsame sex marriage? -Why are people so against same sex marriage? -I wonder if since Calirornia got denied the ban of same sex marriage, if other states will start to acceot it and let it happen? -How do these Propositions come in effect anyway?

**WORKED CITED:**

-News, Nbc. "Court: Calif. Ban on Gay Marriage Is Unconstitutional." //U.S. News//. Web. 08 Feb. 2012. < [] >. -"Don't Ask, Don't Tell." //Wikipedia, the Free Encyclopedia//. Web. 09 Feb. 2012. < [] 't_ask,_don't_tell>. -"History of the Gay Rights Movement - An Illustrated History of the Gay Rights Movement in the United States." //Civil Liberties at About.com - Your Guide to Civil Liberties News and Issues//. Web. 09 Feb. 2012. < [] >.