Federal court declares Proposition 8 unconstitutional

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Jamison Wieser/Flickr/Creative Commons License

A rainbow flag outside San Francisco City Hall

Linea Stern, Staff Writer

On Feb. 7, the federal court made a huge decision which could greatly impact history. A three judge panel from the Ninth U.S. Circuit Court of Appeals voted 2 to 1 that California’s Proposition 8 is unconstitutional.

“Prop 8 is the idea of making it legal to make a man married to another man. I find this unconstitutional because there is matter of church and state involved,” junior Copper Wood said.  “It is unfair to bring a specific religion into the law and it accounts to all minority religion.

The court has many different reasons to back up their decision. First, Proposition 8 violates the constitution; Article IV of the U.S. Constitution states that “The United States shall guarantee to every State in this Union a Republican Form of Government.” The judges felt the proposition violated this portion of the constitution.

Another issue that came up is about the purpose of the proposition; many believe it was a form of hatred toward gays and lesbians.

“I believe Proposition 8 violates people’s rights because the government should not tell you who you are allowed to marry,”senior Sarah Osborn said. ” I think it is unfair and violates people’s rights. I agree with the federal court.”

Even though the panel of judges overturned the proposition, it still has many steps until it becomes law. A panel of 11 circuit judges must vote on whether to appeal the case to the Supreme Court. If the case is accepted, the Supreme Court will make a final decision.

With all of the controversy, many gay rights parades and protests for Prop 8 have been occurring across the state. Every summer, Los Angeles hosts an event called West Hollywood Gay Pride by spreading gay awareness.

“I think these parades are a great way to spread awareness,” Osborn said. ” It shows the Supreme Court that people are passionate about their rights.”

Even with all of the support Proposition 8 has, gay marriage will not be legal for a while due to the lengthy appeals process.

“I predict that gay marriage will be allowed in about five years,” government teacher Mr. Aster said.