The U.S. Supreme Court could announce any day that it will hear an appeal on Prop 8, the famous emotional ballot initiative that banned marriage for gays and lesbians in California in 2008.
Here’s the breakdown of what has happened so far:
Jan. 3, 2000: California starts registering domestic partners, allowing same-sex couples two benefits: hospital visitation rights and health insurance coverage for the dependents of government employees.
March 7, 2000:- California voters pass Proposition 22, defining marriage as being between a man and a woman.
Oct. 14, 2001: Gov. Gray Davis signs a bill that expands the rights granted domestic partners. The bill adds about a dozen legal benefits, including the right to make medical decisions for a partner in the hospital, use sick leave to care for an ill or incapacitated partner, and relocate with a partner without losing unemployment benefits.
May 15, 2008: After a lot of controversy over same-sex marriage in San Francisco, California Supreme Court rules that Proposition 22 is unconstitutional, arguing it discriminates against gays; an estimated 18,000 same-sex couples get married in the ensuing months.
June 27, 2008: Proposition 8 announced for the November ballot. Proposition would “[amend] the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California.”
November 4, 2008: California voters support Prop 8, outlawing the performance of same-sex marriage. Legal groups file petition urging the state Supreme Court to invalidate Prop 8, arguing it should never have been placed on the ballot in the first place.
May 26, 2009: California Supreme Court upholds Prop 8, determining the proposition legally adjusted the state’s constitution. Court also rules that same-sex marriages performed prior to Prop 8 will remain valid.
August 4, 2010: In a 136-page ruling, Federal District Court Judge Vaughn Walker decides that Proposition 8 is unconstitutional, announcing that gay marriages will again be legal.
August 16, 2012: The 9th U.S. Circuit Court of Appeals trumps Walker’s ruling, putting marriages on hold indefinitely while it decides whether to uphold Walker’s decision.
February 7, 2012: The 9th Circuit Court rules that Prop 8 is indeed unconstitutional; however, the stay on same-sex marriage remains in effect. Two weeks later, Prop 8 supporters announce plans to ask the 9th U.S. Circuit to reconsider the case.
June 5, 2012: Court refuses to hear Prop 8 supporters’ appeal.
July 31, 2012: Prop 8 supporters appeal to the U.S. Supreme Court.
According to CNN, the Supreme Court should announce soon whether it will listen to Prop 8 supporters’ appeals. If the Supreme Court opts not to take the case, the ruling of the 9th circuit court (declaring Prop 8 unconstitutional) will stand, making gay marriage legal in California once and for all, although it still won’t be fully legal until the 9th circuit court orders California officials to start issuing marriage licenses.
With same-sex marriage ballot initiatives on the docket in four states this November — and new laws pending in others — knowing what’s legal where can be confusing. Avvo’s Legal Guides can keep you up-to-date through the confusion — including current overviews of domestic partnerships and civil unions.
Now read Lisa Bloom’s latest post for NakedLaw, The Road to Marriage Equality, and share your opinions in the comments section below.
1 comment
Cora
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