The Court said that Proposition 8 was unconstitutional because it violated the equal protection clause of the 14th Amendment. That decision is currently under review by the US Supreme Court.
No. The US Supreme Court ruled California's Proposition 8 unconstitutional on June 26, 2013.
Proposition 8 was created in response to a 2008 decision by the Supreme Court of the State of California which ordered the state to permit same-sex couples to marry.
The matter is properly decided by the Supreme Court because the United States Court of Appeals for the Ninth Circuit, which overturned Proposition 8 as unconstitutional, has refused to review its decision en banc, thereby leaving the United States Supreme Court as the only remaining forum for appeal
On June 26, 2013, the US Supreme Court issued a ruling that resulted in Prop 8 being struck down as unconstitutional and same-sex marriages resuming in California on June 28, 2013.
On June 26, 2013, the US Supreme Court issued a ruling that resulted in Prop 8 being struck down as unconstitutional and same-sex marriages resuming in California on June 28, 2013.
Yes. That's what the Supreme Court of California basically said when it overturned Proposition 8. Also, on February 7, 2012, the United States Court of Appeals for the 9th District ruled that California's Proposition 8 violated the 14th Amendment to the United States Constitution by discriminating against a group of people, namely gay men and lesbians.
The lower court's decision in this matter is written in such a way as to apply to same-sex marriage in California only. If the Supreme Court agrees, then same-sex marriage will again be legal in California. No other state will be directly affected.
Right now, the matter is scheduled to be decided by the United States Supreme Court and a decision is expected by the end of June 2013. If the decision does not strike down Proposition 8, then same-sex marriage proponents in California will have no choice but to propose another ballot measure to repeal the amendment to the California state constitution.
Supreme Court of California was created in 1849.
Proposition 8 passed on November 5, 2008. On February 7, 2012, it was struck down as unconstitutional by the 9th Circuit US Court of Appeals. It is assumed that the matter will be decided by the United States Supreme Court in 2013.
The proper vote on Prop 8 was no. With benefit of hindsight, one can see that the proposition was unconstitutional, as has been ruled by the California Supreme Court and several federal courts. Every court that has been asked to review the matter has ruled that Prop 8 was unconstitutional. On June 26, 2013, the United States Supreme Court issued a ruling that resulted in Prop 8 being struck down permanently and same-sex marriages resuming in California on June 28, 2013.
Strike it down