Friday, August 6, 2010

Prop 8 appeals

UPDATE: Proposition 8 is considered unconstitutional. Proponents of Prop 8 have asked a judge to instantly stay the 136-page decision, which calls for the immediate voiding of the amendment.

Proposition 8 could be looked at by Chief U.S. District Judge Vaughn Walker who will make a decision. Prop 8 supporters have already sought a stay on the ruling if it is against them. If they need to, opponents of the Prop 8 will appeal the case as well. Civil rights to the California state budget are all a part of the case.

The basics of Prop 8

In 2008, the California Marriage Protection Act, otherwise known as Prop 8, was passed by voters. Marriage is only legal between a man and a woman with the voter-added ballot proposition. The California Supreme Court legalized gay marriage before Prop 8 passed. The campaign for Proposition 8 spent $ 39.9 million, while the campaign against Prop 8 spent $ 43.3 million.

The federal challenge to Proposition 8

Prop 8’s federal court challenge was placed in San Francisco. Perry v. Schwarzenegger was filed in court after Strauss v. Horton was held up. Those for Prop 8 say that equal protection is not violated with California constitution. Others think there is a huge violation going on with this.

The planned appeals to the Prop 8 decision

Prop 8 reactions have already started. Supporters of Proposition 8 have filed an injunction, asking for a stay on marriage should the ruling be found against them. This would prevent further legal same-sex marriages from taking place while the case is under further legal review. Opponents will file appeals if the ruling is against them also. National money can be spent entirely on Prop 8 for the next little while till the case closes. States that are allowing gay marriage are doing much better than others right now.



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