No Verdict on Proposition 8

After reading several articles about the Supreme Court hearings on Proposition 8, a decision has yet to be made. The Court still has to rule whether the issue of Proposition 8 should be held in the Supreme Court or if it should be decided by the District Courts. If Proposition 8 is found to be decided by any of the lower courts, then the District Courts ruling rejecting Proposition 8 will be in effect. 

From the actions and discussions in the courtroom many people believe the four, more liberal Justices don’t believe Proposition 8 is constitutional and the four more conservative Justices don’t want to overturn Proposition 8. Justice Anthony Kennedy and Chief Justice John Roberts who will decide whether Proposition 8 will be considered constitutional. Most people believe Justice Anthony Kennedy will be the deciding vote in the case because in two previous significant same-sex cases he was the deciding vote. Many gay rights activists are hoping Justice Anthony Kennedy will vote in favor of equality. If Chief Justice John Roberts votes in favor of equality, this would be a very significant win for gay rights activists. 

The decision stemming from the Supreme Court will have a major impact across the United States. Currently there are nine states allowing same-sex marriage, representing sixteen per cent of the American population. California is one of the most populated areas in America representing twelve per cent of the American population. If California allows same-sex marriage the amount of people able marry their significant other would be almost doubled. The decision in California might influence the decisions made in other states that are on the verge of allowing same-sex marriage. The decision in California will impact the future of same-sex marriage rights. 

The Supreme Court has been known to take their time with major decisions. Currently, many journalists are analysing the arguments made in the oral cases and the reactions by the Justices. We are unsure whether the Supreme Court’s final decision will be in favor of same-sex marriage, against marriage equality and in favor of Proposition 8, or if the Justices will decide this case is an issue to be dealt with by the lower courts. There is much speculation as to the outcome of this landmark case, but this decision will take time because of the repercussions of the decision. 

1. http://www.newyorker.com/online/blogs/newsdesk/2012/07/john-roberts-supreme-court-gay-marriage-cases.html
2. http://www.huffingtonpost.com/nathaniel-frank/can-you-oppose-gay-marria_b_2973816.html