Banning Gay Marriage: Unconstitutional Until Supreme Court Says Different

California’s Prop 8 same-sex wedding ban fails to convince lower court.

gay marriage ban unconstitutional

Bob Sodervick waves a rainbow flag outside the U.S. Courthouse in San Francisco, California, celebrating the 9th U.S. Circuit Court of Appeals for clearing the way for the U.S. Supreme Court to consider California’s gay marriage ban. (Photo: Robert Galbraith/Reuters)

Allan MacDonell is TakePart’s News + Opinion editor, with a focus on social justice.

Same-sex marriage is not suddenly legal again in California, but your right to draw up a legally recognized gay wedding guest list, in California and across the U.S., is one step closer to a Supreme Court resolution.

If the Supreme Court refuses to hear arguments, gay marriage will suddenly be legal again in California.

The 9th Circuit Court of Appeals voted today that it would not reconsider its previous ruling that Proposition 8 (a voter-approved California state referendum outlawing gay marriage) was an unconstitutional infringement on every American’s birthright to pursue life, liberty and happiness.

Opponents of gay marriage have vowed to press for their prohibition at the U.S. Supreme Court. As soon as October of this year, the Supreme Court might hear arguments on whether or not outlawing gay marriage violates constitutionally protected civil rights. Then again, the Supreme Court might decline to consider the case.

If the Supreme Court refuses to hear arguments, gay marriage will suddenly be legal again in California.

Let’s say the Supreme Court determines that gay marriage is a constitutionally protected civil right in California. How will people in your hometown react? Leave your predictions in COMMENTS.

Related Stories on TakePart

Get More

Takepart’s Most Popular

From The Web

Comments ()