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Proposition 8 Ruling: Why The Supreme Court Effectively Killed The Anti-Equality Marriage Law

| Filed under: Gay Gay GayLegal MattersInspirationWedding WaltzLGBT

proposition 8 ruling explained doma struck down supreme court unconstitutional same sex marriage tolerance yay

By now, you've hopefully heard the AH-Mazing news!

Today the U.S. Supreme Court declared the Defense of Marriage Act unconstitutional and effective ended the rule of California's Proposition 8 which prohibited the state from recognizing any marriage that wasn't between a man and woman.

The reason for the death of DOMA was simple, the Justices decided (5-4) that it directly violated rights guaranteed by the Fifth Amendment's "due process" clause which prevents the government from unjustly depriving any citizen of "life, liberty, or property."

The Supreme Court's ruling on Prop 8, however, was a tad more complicated.

SCOTUS never confirmed whether or not Prop 8 was unconstitutional, but they nevertheless dismissed the appeal of advocates of intolerance who argued against the lower court's previous ruling on the marriage "protection" law and its inherent unconstitutionality.

Their decision (also 5-4, but with different dissenting Justices) was that the supporters of Prop 8 didn't have the necessary legal standing to appeal the Ninth Circuit Court of Appeals' decision from 2012.

The honorable robed dudes and dudettes ruled against Prop 8, but never came out and said the law itself violated the inalienable rights of California citizens.

We're happy Prop 8 is finally gone, but it's unclear when same-sex marriage will resume in The Golden State.

Regardless, this is a wonderfully glorious day for the gay community, advocates of same-sex marriage, tolerant people in general, and the recently engaged Kristen Bell, LOLz!

Woo hoo! We finally did it!!!!!

Now go out and celebrate your victory responsibly!

[Image via Twitter.]

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33 comments to “Proposition 8 Ruling: Why The Supreme Court Effectively Killed The Anti-Equality Marriage Law”

  1. 1

    welcome to the police state, where activists and government trump the will of the people. Mien Kampf!!!

  2. 2

    5 people in robes said they are bigger than the voters of CA and Congress combined. And bigger than God. Jesus wept today. May He forgive us all.

  3. 3

    Celebrate the victory but let there be no rest for the weary, until legislators, supported by the gay community, put an end to treating HIV as a crime.

  4. 4

    Re: Kittens With Mittens – Don't worry Kittens, there are still lots of other people for you and your god to hate.

  5. 5

    Re: rosebud99 – Rosebud - I expected better of you. You're not a teenager who leaps to calling people "haters" who have a different viewpoint. I don't hate any member of the LGBT community, just as I don't hate heterosexuals who commit adultery. We all sin, me included. The goal for Christians is to lead a life within the laws that God set. We fail through sin & we try again and most importantly, we don't hate those who sin too because we're all sinners. I can't rejoice in the decision today because it's absolutely opposed to the Bible's teachings but I don't hate those who do. Shame on you for being so intolerant and judgemental.

  6. 6

    We will see how Perez feels when he gats married and then divorced. His x-hubby will then own half of everything Perez owned and Perez will have to pay the guy for the rest of his life….welcome to the real world.

  7. 7

    Re: Gracie 2004

    or people can be responsible and wear a condom and eliminate the disease in generation….

    Of course thats asking too much of the gays….how can they be responsible for themselves. Perez loves cock yogurt way too much.

  8. 8

    Re: Kittens With Mittens – Stop hiding behind the bible. We are talking about discrimination. That is what you want isn't it? To discriminate against those who are not the same as you? You want it to be illegal for people who don't share your values to have the same rights as you. Discrimination is hate. There is no way to deny it.

  9. 9

    Believe in God all you want and be against homosexuality all you want, but the fact is DOMA and denying 2 CONSENTING ADULTS the right to marry is unconstitutional. Equality, people. You don't have to agree with what people do, but you should support their right to do it.

  10. 10

    FANTASTIC NEWS PRETZEL ONWARDS … discriminating against anyones rights in the name of hate or anything is UNACCEPTABLE EQUAL RIGHTS FOR ALL CITIZENS

  11. mktb says – reply to this


    Re: Kittens With Mittens – Judgemental and intolerant? Says the one who is saying being gay is a sin. Shame on you.

  12. 12

    Re: rosebud99 – You're being a hypocrite. You want everyone to bow to your view but you're intolerant of those who share a different view. If I "hate" homosexuals, why do I frequently visit a gay man's website? And wish him and his sweet baby a happy life? I don't hate homosexuals nor do I hate heterosexuals. I think it's sad when anyone falls, be it by choosing to act on homosexual desires, to cheat on a spouse, to steal, etc. For Christians, this issue of gay marriage has nothing to do with discrimination as that's a legal term (just as I'm "discriminated" against by the law because I can't marry more than 1 person at a time). Rather, this issue is a matter of trying to abide by God's commandments which supercede any "laws" man makes. Sometimes man's laws and God's laws are in sync & sometimes they're not. When they're not, Christians choose God's laws first. There's no ability for us to have a discussion on this issue as you're very set in your view and I'm very set in mine and neither of us will change the others' perspective. You can throw names at me and try to slander me all you like and that's ok if that's what you need to do but although I disagree with your opinion, I respect & understand that this is how you feel. It's a shame you can't respect mine.

  13. mktb says – reply to this


    Re: MVPnis – Don't blame just gays for having HIV. Many, many straight people have it as well, you ignorant fuck.

  14. 14

    Re: Kittens With Mittens – There is supposed to be separation between church and state. There is absolutely nothing to stop you from living YOUR live in accordance with YOUR religious beliefs. But when you start to impose your religious beliefs on others in the form of discrimination, then it is hate. I'll say it again, discrimination is hate. Live your life how you want to, but don't try to inflict your beliefs on those who do not share them.

  15. 15

    Re: mktb – I never once said being gay is a sin. It's not. Neither is being heterosexual. It's how we choose to act on our feelings that can be sinful, ie: having sex with a person of the same gender or being in a heterosexual marriage and cheating on your spouse.

  16. 16

    Re: mktb

    not ignorant just smart…plus gays pass HIV at an alarming rate, much more than hetros …fact….you are the ignorant one FACT!!

  17. 17

    Im for gay marraige but what happened here today is scary and every American should be very worried about the future. Mien Kampf!!

  18. 18

    Re: rosebud99 – Couple of things … expressing my opinion is not "inflicting my beliefs" on anyone anymore than you expressing your pro-gay marriage stance is "inflicting your beliefs" on anyone. We're both free to speak & vote how we choose. And although you're Canadian, here in the US we have freedom of religion in our constitution, which means I'm free to follow my religious beliefs. Secondly, you say "don't inflict your beliefs on those who don't share them" yet this is exactly what you're doing with your beliefs.

  19. 19

    Re: Kittens With Mittens – You are right. Expressing your opinion is not inflicting on others. But supporting discriminatory legislation most definitely is an infliction upon others. Your first post clearly indicates that you would like legislation that inflicts your beliefs on others. I do not want to do that. I just want an end to discrimination. So ask yourself is your opinion just an opinion, or do you want legislated discrimination?

  20. 20

    Re: rosebud99 – For me, I have to follow God's law. Just as you have to follow your what your own heart believes is right, so do I.

  21. 21

    Re: Kittens With Mittens – totally right… we dont hide behind the bible we follow it. it is the word, the word is god, and god is truth. we have the right to believe in that just as you have the right to support gay people…

  22. 22

    Re: MVPnis There are 34 million people living with HIV world wide. Half of them are women. I was referring specifically to the criminalization of people living with HIV. I am not questioning who is responsible or what Perez does with his cock.

  23. 23

    Re: rosebud99 – Note the flip side of your question in that you're "imposing" your belief re: gay marriage is discriminatory to my beliefs. By supporting gay marriage, you discriminate against me because I then have to live in a society that condones & celebrates sin and happily rejects God. Again, while we're on opposite sides of this issue, I do understand your perspective from a legal standpoint but as a Christian, I can't condone man's laws overriding God's law. I have no choice but to accept the decision and live with it but I can't celebrate it.

  24. mktb says – reply to this


    Re: MVPnis – You're still blaming JUST gays. Get the fuck out.

  25. mktb says – reply to this


    Re: Kittens With Mittens – "I never once said being gay is a sin. It's not." then it's "It's how we choose to act on our feelings that can be sinful, ie: having sex with a person of the same gender". Which means being gay so… Again, hypocrite.

  26. mktb says – reply to this


    Oh, doesn't the bible have slight reference to rape and male superiority? Do you choose to follow that? Oops

  27. 27

    Re: mktb – You don't understand so I'll try again. Being born gay or straight is not a sin. It's no more of a sin than being born with black or blond hair. Or blue or green eyes. Sin comes from poor choices. Being in a heterosexual marriage and cheating on your spouse is a sinful choice. The marriage isn't a sin - the choice of cheating is. Being gay isn't a sin - the choice of having sex with people of the same gender is a sin. Being gay isn't a punishment by God. Not at all. But He chose some people to be gay for a purpose and His intent is that they live celibate lives. For heterosexuals, the intent is to only have sex in the confines of marriage. Maybe we're being tested. Maybe we're not. I don't know why He chose some people to be gay and others to be straight but that reason will be revealed eventually. But God sets rules for all of us - gay, straight, bi & asexual.

  28. 28

    Re: mktb – You're referring to Old Testament and Jesus denounced rape, etc. in the New Testament. Christians accept the NT as the way.

  29. 29

    Re: Kittens With Mittens – If you feel your rights are imposed upon and discriminated against simply by having to share this world with people who don't think the same as you do, I am truly sorry. But really, relax. If your neighbors turn out to be a gay couple, it won't affect your marriage at all. No one is trying to take anything away from you. It sounds like you would like to live in a society where government and religion are one. History doesn't have a very good track record with that system.

  30. 30

    Re: rosebud99 – I think you may know from some other threads that I have no animosity towards anyone who's gay. There are gay people in my family who I love & have so much fun with and one of my closest friends is gay and we've been friends for almost 20 yrs. I accept the person but am saddened by some of their choices which are sinful. Just as I'm disappointed & upset with myself when I commit a sin. I can't control what society as a whole does or doesn't do. All I can do is follow my own belief system as an individual, just as everyone must do. We are all different and will always be at odds on every topic - that's the human condition. Sometimes you get your way and sometimes you don't. I this issue, I didn't "get my way". Sometimes you won't get your way but we all have to carry on.

  31. WillowWynde says – reply to this


    I’m religious and am happy about the ruling. I sincerely believe that love is love and those wishing to marry (straight or gay couples) should be allowed to do so and afforded equal rights. I also believe that gay couples make great parents. As long as parents love, support, and teach their children to be good people, that’s all that matters. I’ll probably get some hate for stating my views, but my God loves us all.

  32. 32

    I just don't understand this. Love is love. We practice freedom of religion, yes. That means people are entitled to their opinion on homosexual couples based on what they believe, because that is their religious right. It is all in how you perceive it. That does not mean, however, that THEY are God. Weren't we all taught not to be judgmental? In some cases, I feel like people just need to look beyond religion and look at the facts. This is one of those cases. These are human beings, that love each other. They are not hurting anybody. They are not stealing from you. They are not forcing you to be gay. They cannot change who they are. So why should their love mean any less than that of a straight person? If people of other ethnicities deserve equality, why shouldn't people of another sexual orient receive it as well? Food for Thought.

  33. GVH50 says – reply to this


    Prop. 8 is dead!
    Same-sex marriage is here.
    Face it.
    Those who want to stop it are wasting their time.
    Proposition 8 is a joke.
    Same-sex marriage is not something for people to vote on.
    It is nobody's business who marries who.
    Just because a majority voted for Proposition 8 does not mean it should be law.
    You can't tell other people how they should live their lives.
    Equality and freedom in this country is for all Americans regardless of race, religion, gender, sexual preference, age and on and on.
    America is based on freedom and equality.
    To deny people the same marriage rights that others have is wrong.
    Our history is full of wrongs that have been righted.
    With each step, we have become a better nation.
    This is one such step.
    Those who oppose same-sex marriage had better step aside or get run over.
    The train of progress is coming and it is full of steam.

    George Vreeland Hill