As proponents of gay and lesbian rights challenge Proposition 8, the controversial California law banning same-sex marriage, in federal court, the debate over the constitutionality of the law has raised tensions once again.
In 2008, California passed Prop 8, which changed the state’s constitution to read, ‘Only marriage between a man and a woman is valid or recognized in California’ after same-sex marriage had previously been legalized in the state.
Boston University students on both sides of the debate have strong opinions regarding the issue.
College of Arts and Sciences freshman Emily Bosco said she is against Prop 8.
‘It doesn’t make sense to say that marriage should only be between a man and a woman because the reason people get married is that they love each other and want to devote the rest of their lives to each other,’ Bosco said. ‘And those reasons stay the same whether it is between two men, two women or a man and a woman.’
College of Engineering freshman Allen Yen, who lives in California, said most people throughout the state felt the tension behind the vote to some extent.
‘The gay-straight organization at my high school was involved when it was being voted on but that was the majority of my contact with the situation,’ Yen said.
Following the vote on Prop 8, numerous lawsuits were filed by same-sex couples in opposition to the law. In the Strauss vs. Horton case, which took place from March to May 2009, the court allowed existing same-sex marriages to stand, but upheld Prop 8.
The case of Perry v. Schwarzenegger has been under review in federal court since Jan. 11. Prop 8’s defenders brought their first witnesses to the stand on Monday after two weeks of testimony from the opposition.
Many public figures are also speaking out in support of this position.
Cindy McCain lent her support to the opponents of the proposition last week in an ad for the No H8 Campaign. In the ad, McCain has ‘No H8’ written on her cheek and duct tape over her mouth.
McCain, the wife of former Republican presidential candidate and Arizona Sen. John McCain, stands apart from many in the Republican party, which is largely in support of Prop 8.
In order to have a chance of winning the case, lawyers defending in favor of same-sex marriage must prove that just like racial and ethnic minorities, sexual orientation should be given ‘suspect class’ status, giving them greater protection under the law.
To succeed with this argument, the lawyers will need to prove that sexual orientation is an indisputable trait, such as race or ethnicity, and that gays and lesbians cannot protect their interests through the political process.
Students said they question the validity of the pro-Prop 8 arguments in the case.
‘I don’t see the connection between the arguments being made against gay marriage. They don’t make any sense,’ CAS freshman Kim Brunner said.
CAS freshman George Greenstreet said he thinks the support of Prop 8 is largely due to prejudice.
‘The people who are [for] Prop 8 don’t realize the vast economic benefits of gay marriage,’ Greenstreet said. ‘I think it’s proof that we’re still a predominantly homophobic country.’