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Gay Marriage | Proposition 8 Serves No Purpose, Says 9th Circuit

Encino Tarzana Divorce LawyerFamily Law Attorney

by Vanessa Soto Nellis

San Fernando Valley Custody Lawyer Los Angeles


It's an election year. As though the economy isn't enough for candidates to fight about, California's 9th Circuit Court added another topic to the political frenzy: Proposition 8, the 2008 voter-approved ban on same-sex marriage

On Tuesday the federal appeals court decided 2-1 that California's Prop 8 is unconstitutional. Though the opponents of Prop 8 enjoyed a small victory this week, the battle is far from over. Because, first and foremost, it's an election year. 

But aside from that fact, there are other questions involved around whether or not Prop 8 should be deemed valid. Justice Stephen Reinhardt wrote, "Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only…" 

The constitutional question on the docket? Whether or not Prop 8 violates the 14th Amendment of the U.S. Constitution. According to Judge Reinhardt's written statement, it does: 

All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage,' which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California. . . 

Keep in mind that Prop 8 was approved by just over 52 percent of California voters in 2008. 

The gay marriage issue in California is unique because it was a right that previously existed, and California has domestic partner laws. Because of this, some doubt that the U.S. Supreme Court will review the case. 

Regardless, we can expect those running for President to weigh in until November, which should make for some interesting commentary. 


Vanessa Soto Nellis is a Los Angeles Divorce Attorney and Shareholder in our Family Law Practice Group. You can reach her by calling 818.990.2120.


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