Prop 8 Is Dead: Gay Marriage Legal in California (but Not Nationwide)
Supreme Court avoids sweeping decision on pivotal case
By Kevin Spak, Newser User
Posted Jun 26, 2013 9:53 AM CDT
This Nov. 2, 2008 file photo shows supporters of Proposition 8, the state’s measure that banned same sex marriages, in front of city hall during a Yes on Prop. 8 rally in Los Angeles.   (AP Photo/Mark J. Terrill, File)

(Newser) – After issuing a sweeping decision on the Defense of Marriage Act, the court effectively punted on its other major same-sex marriage case on the validity of Proposition 8. In another 5-4 decision, the court said that the defenders of Prop 8 didn't have the standing to step in and fight for the law, given that California officials refused to. "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to," John Roberts wrote in his majority opinion. "We decline to do so for the first time here."

Effectively, the court declined to rule on Prop 8, meaning that a lower court ruling declaring the ban unconstitutional will stand. That means same-sex marriage will be legal in California, but not for the country as a whole—which is what the court would have had to decide if it had ruled. The majority on this one was a mixed-ideology one, with John Roberts joining Antonin Scalia, Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan. Anthony Kennedy's dissenting opinion argued that the ruling "disrespects and disparages" the political process in California.

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Showing 3 of 342 comments
thenet95
Jul 1, 2013 2:39 AM CDT
This is so disgusting.
GlobalGood
Jun 27, 2013 12:02 PM CDT
In SPITE of S/C rulings, and the willingness and election of global law enforcement populations to support /NOT support that decision, this is one that will do greater HARM than good. It makes NO DIFFERENCE what gender someone is or whom they are loved by and share their love and life with; the sanctity of faith and family are two things that will no doubt bring an untimely death to more gays and homosexuals than anyone might have first imagined. People have the right to be loved and to love others, and those rights should not be seperated by tax laws and benefits. What has to remain seperate is the ideal that gay couples can affectively and adequately raise heterosexual children is a myth and a fallacy perpetuated by persons sharing a controversial lifestyle yet wanting to raise children as if nothing was different. I'm sorry, but our children are innocent. They are born into this world knowing nothing more than the need to be cared for. They learn to walk from need, to speak from association, how to dress from the examples that are set for them, and right from wrong by those who would teach them by example. They are never going to know different if the only loving association they are bound to is one of homosexual deviance. God made us as we are for the purpose of perpetuating life, love and family. NO ONE has the right to change that.
tx76513
Jun 27, 2013 9:38 AM CDT
Why does it matter so much?!?! Marriage is supposed to be a union of love, compassion, commitment, and understanding. As long as two people (regardless of what they are) have it, then that's all that matters. I'm straight and married but even I can see that if anyone has made a joke of the constitution of marriage, it's the straights. After all, look at the divorce rates, not to mention all the religious folks in empty marriages while they do their dirt on the side. Homosexuality has been around since the dawn of time, its not a trend or more out in the open, gays are just taking back simple rights they deserve. As far as the good book, parts of it have been proven but some of the same incidents depicted have also been proved in more ancient civilizations that occurred long before Christ. For the life of me i dont understand why religion has to play such a huge part in things supposedly controlled through government when there is supposed to be a separation of church and state. Some of the most heinous crimes to the human race has been committed in the name of religion, Christianity and Catholicism included, and as usual when a group wants to deny another a certain right, the first thing that's used is religion. If a gay marriage makes you feel that your own straight marriage is less valid, then you have a problem with yourself and by loathing gays who want to get married, you're displaying hatred. Isn't God supposed to be against that?