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  • Essay / The Pros and Cons of Same-Sex Marriage - 861

    Marriage and the union of couples regarding their gender has been a national issue in the United States for some time. The Supreme Court case, now known as Hollingsworth v. Perry, took place in California but is very well known nationally. Naturally, California, along with the rest of the country, has been fighting its marriage laws for many years, but the events that led to this specific case did not begin until around 2000. On the March 7, 2000 ballot in California, voters approved Proposition 22. Proposition 22 legally stated that marriage was the union between a man and a woman (Oyez). This proposition seemed to serve the state of California well until 2008, when the California Supreme Court required that marriage also include the union of same-sex couples, which invalidated Proposition 22. Citizens who did not seem to agree with the invalidation of Proposition 22. sought to do something about their opposing views. Just a few months later, California citizens passed Proposition 8, overturning the court's decision from earlier that year. In the November 2008 California election, the ballot initiative, Proposition 8, passed. This California state constitutional amendment stated: “Only marriage between one man and one woman is valid or recognized in California.” » This proposal did not affect same-sex marriages or domestic partnerships entered into before November 5, 2008 (Martin). It did not take long before the state began to face arguments based on the validity of Proposition 8. Two same-sex couples responded to the proposition, which ultimately led to the well-known case Hollingsworth v. Perry (formerly known as Hollingsworth v. Perry). ).In May 2009, attorneys Ted Olson and Davis Boies filed a lawsuit calling...... middle of paper ......unconstitutional. This was not a question of federal preemption since no federal law had been broken; rather, it was a relatively common legal issue with controversial views. In Hollingsworth v. Perry, California Proposition 8 was found to violate the equal protection and due process of gay people under the Fourteenth Amendment to the U.S. Constitution. The Equal Protection Clause of the 14th Amendment prohibits states from denying to any person within its jurisdiction the equal protection of the laws. The due process clause of the Fourteenth Amendment limits the powers of the states rather than those of the federal government, providing that no state shall deprive any person of life, liberty, or property without due process of law. Therefore, the Constitution prohibits any level of government, federal or state, from prohibiting the marriage of same-sex couples..