The United States Supreme Court will hear the opening arguments for determining if Proposition 8 is unconstitutional on March 26. The ultimate ruling, which will probably be reached around June 2013, affects everybody in the gay community, including unmarried gay partners, couples in civil unions, unattached LGBT individuals, and gay parents.
Review of Proposition 8
Proposition 8, a California voter ballot response that overturned the state’s legalization of gay marriage, was enacted in 2008. A source of controversy and moral debate for the last five years, most of the gay community wants Proposition 8 repealed, while right wing conservative organizations have been working hard to make sure it stays in place.
Anti-gay groups, such as the National Organization for Marriage, The Family Research Council, and One Million Moms believe that Proposition 8 upholds the moral belief that marriage is between one man and one woman.
However, President Obama’s recent rejection of Proposition 8 and the American Academy of Pediatrician’s support for gay parents raising kids may help repeal Proposition 8.
Hollingsworth vs. Perry
Proposition 8 will be set up as Hollingsworth vs. Perry. The main questions that the Supreme Court will have to resolve are:
-Is Proposition 8 unconstitutional?
-Does Proposition 8 violate the gay population’s 14th Amendment rights?
The 14th Amendment says that every state needs to offer their residents equal protection under the law. President Obama has stated that Proposition 8 is not giving the LGBT community equal protection.
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Supreme Court Options
The Supreme Court’s future verdict is not a cut and dry case. The court could potentially rule in one of three ways.
-Hand down a decision that only applies to the state of California
-Decide that the cases have no legal standing and throw out the case.
-Give a federal ruling that would inspire the gay community to celebrate on the streets: grant gay marriage to all fifty states.
Local Buffalo residents speak out
How will the outcome affect local gay residents? For Donald A. Licht, a native of Buffalo, New York, lack of federal benefits has hit him hard financially. Licht, who lost his partner James D. Haynes, a gay rights advocate, is not entitled to Social Security Benefits. These benefits would give Licht about $2,000 per month.
“I have to take additional money out of our retirement savings every month,” said Licht, as stated on www.buffalonews.com.
Licht feels that the constitution was created to promote equality for all citizens, adding that “when benefits are denied to people, just because of their sexuality, that makes them less equal than other people.”
The gay community deserves to have equal rights, including gay marriage. Readers, how do you feel about Proposition 8 and gay marriage? State your views below with a comment.
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