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The Student News Site of Brophy College Preparatory

Brophy Roundup

The Student News Site of Brophy College Preparatory

Brophy Roundup

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California judge strikes down Prop. 8

By Chase Stevens ’12

On Aug. 4, a federal judge declared that Proposition 8, a bill in California that bans homosexual marriage, was unconstitutional and had it stricken from law.

In the case called Perry vs. Schwarzenegger, Judge Vaughn R. Walker declared that Proposition 8 violated homosexuals’ rights under the 14th amendment, which gives equal rights to all U.S. citizens.

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” Walker said in his ruling.

“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.”

Walker said in his ruling that Prop 8 is unconstitutional because it prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis.

Charles Cooper, a lawyer who defended Proposition 8, said that “marriage is to channel the sexual behavior between men and women into a procreative union.”

According to an article by the AARP, same sex marriage was allowed in California from June 16, 2008 to November 5, 2008.

In response to this, California citizens formed Proposition 8, a law that banned gay marriage in the state. The 18,000 same sex marriages that were already performed were allowed to stay legal unions, but after Proposition 8, no more marriages for homosexual couples were allowed within the state of California.

Both California Governor Arnold Schwarzenegger and Attorney General Jerry Brown have refused to defend Proposition 8.

In the case Perry vs. Schwarzenegger, a private law firm paid for by Los Angeles citizens has been defending Proposition 8. Usually the state has to defend laws that are under judicial review. However, according to the Christian Post, in a separate but related court case, the Third District Court of Appeals ruled that California does not have to defend this Proposition.

In 2008, Arizonan citizens voted to ban gay marriage in the state by 56%.

The Phoenix Diocese’s opinion on gay marriage is that gay marriage should not be allowed, according to an article by Bishop Rev. Thomas J. Olmsted.

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