The Harry Potter Alliance

By Heather Murray

August 5, 2010

Proposition 8 Overturned–here's what you need to know

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.  Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis,the court concludes that Proposition 8 is unconstitutional.” – Judge Walker’s conclusion

You may have heard yesterday that California’s Proposition 8 has been declared unconstitutional.  This is great news, and incredibly important for the LGBT community.  But what exactly does it mean, how did we get here, and where is the fight for LGBT rights heading next?  I’m going to try to answer some of those questions for you.

What is Prop. 8?
In May of 2008, the California Supreme court ruled that marriage was a fundamental right under the California state constitution, meaning that it is a privilege that must be extended to all citizens.  Proposition 8 was a ballot initiative put forward in the November election of the same year.  The wording of Prop. 8 stated that the only marriages that could be recognized in California were marriages between a man and a woman.  Voters could select “yes” if they wanted marriage to be restricted, or “no” if they wanted it to be left open.  California voters passed Proposition 8, and it was amended into the Constitution.

So, what happened yesterday?
Today, Supreme Court Justice Vaughn Walker delivered his verdict in the California Supreme Court Case Perry v. Schwarzenegger.  In May 2009, Kristin Perry was denied a marriage license with her partner Sandra because they were a same-sex couple.  Perry sued the state for the right to marry.  Her legal team argued that Prop. 8 was unconstitutional because there was no rational basis for them to discriminate against lesbian and gay couples.  Judge Walker gave his ruling in the case yesterday, and in the ruling he declared Prop. 8 to be unconstitutional.  Therefore, Prop. 8 is now over-turned.

What does it mean that it was over-turned?
Being over-turned means that the law no longer applies.  Gays and lesbians now technically have a right to marriage in California.

Yay!  That’s it, right?
Well, no.  Judge Walker has also issued a stay on his ruling, meaning that it doesn’t take effect immediately. This ruling will almost certainly be appealed, probably all the way to the Supreme Court.  You can read more about that process here. The fight for equal marriage rights for gays and lesbians is not over yet!

What can I do?
Continue to advocate for the rights of gays and lesbians.  Show your support for the overturning of Prop. 8.  Call your Congress person and let them know how you feel (click to find contact information for your House and Senate members).  Use your voice to let your friends, family, and community know how you feel about rights for the LGBT community–blog, make a video, or talk to people face to face.  We need to publicly challenge the idea that the LGBT community is inferior and continue to support them in this momentous time.