California as a state is notorious for its liberal ideals and lifestyle. Its liberal outlook, however, is contrasted with a much more conservative governing body. Yet, as far as the issue of same-sex marriage was concerned, the state was uncharacteristically narrow-minded. Proposition 8, which passed in November 2008, ensured that two people of the same sex could never get married. According to an article published in The New York Times yesterday, Proposition 8 was passed by a narrow margin of 52 percent for versus 48 percent against. Presently, a ruling by judges at the United States Court of Appeal for the Ninth Circuit has revealed that this law is in violation of the Equal Protection Clause of the Constitution. Upon this realization, people who support Proposition 8 are seeking to have this decision appealed at the highest forum of American judicial proceedings: the Supreme Court.
For supporters of same-sex marriage, this decision has been coming for a very long time. For many, Proposition 8 should have been a piece of legislature that was never passed in the first place. Obviously, the call for an appeal in the Supreme Court was expected; given the debate over whether marriage should be limited to heterosexual couples has been raging for years. While the ruling is an important step for advocates of same-sex marriage, this is by no means a complete victory. However, it is an important step toward bringing policy in line with the ideals of free expression. Whether one is a supporter of the cause or not, it’s evident that voting on the marital freedom of equal citizens is incredibly controversial.
The decision in California has been widely publicized, but we must remember California, although large, is only one state. The decision has been narrowed to encompass Californian state law, and the logistics of implementing these laws in all states will be a challenge. While the issue is being contested in court, same-sex marriage will still not be permitted in the state. Residents in California, as well as American citizens on the whole, will certainly follow the case as it unfolds. If the present decision is upheld, it will be viewed as a significant victory for same-sex marriage.
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