Prop 8
Samantha Valenzuela Per. 3 , 9/30/12 RULING ON PROPOSISTION 8 California voters voted in Proposition 8, on the November 4, 2008, statewide election. Proposition 8 added a new section to the state Constitution which provides that "Only marriage between a man and a woman is valid or recognized in California." The day after the election, three lawsuits challenging Prop. 8 were filed directly in the California Supreme Court. Proposistion 8 states that marriage the same sex is illegal. The planitffs argue that prop 8 violates the equal protection clause of the fourteenth. Proponents argue that heterosexual marriage was an "essiantial institution of society." Both parties did not dispute that the right to marry is fundamental the only difference between the two parties is who is "allowed" to get married and who is not. According to the District Court Ruling on prop 8, California is said to encourage sexual activity to happen within a marriage, basiacally a marriage license to participate in sexual intercourse. California allows almost partnership , but therwith that. Domestic partnerships are distinct from marriages and do not provide the same social meaning as a marriage does. all same sex couples only one option and that is domestic e is one problem The freedom to marry is a fundamental right, it's an expression of emotional support and public commitment. The plantiffs, the gay and lesbian communiuty, argue that they deserve the "fundamental" right to marry their partner. The state of California wants to keep sexual activity withing marriages and because of Prop 8, same sex couples are permitted to engage in any sexual activity. However, same sex couples are allowed to adopt children. Plantiffs want to have the state recognize their relationships. The Equal Protection Law of the fourtheenth ammendment states that "no state deny any person within its jurisdiction." Evidence at the trial shows that marriage in the US traditionally