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Tag: Prop 8

March 20, 2013 | 9:00 pm

Timeline: The Long Battle Over Same-Sex Marriage in California

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When the Supreme Court arguments on the constitutionality of Proposition 8, it will mark one more step in a long legal battle to determine the ultimate disposition of the same-sex marriage ban.

And while the legal battle over Proposition 8 has been long and winding enough, the battle over same-sex marriage in California actually goes back even further, as you’ll see in this timeline.

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Obama Argues Against California’s Proposition 8 Gay Marriage Ban

February 28, 2013 | 2:11 pm

Obama Argues Against California’s Proposition 8 Gay Marriage Ban

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Advocates for same-sex marriage got a powerful new friend on Thursday: President Barack Obama.

(Win McNamee/Getty Images)

In a legal brief submitted to the U.S. Supreme Court, the Obama Administration argues against California’s Proposition 8. (For full text, scroll to the bottom of this post)

The brief argues that the measure passed by voters in 2008 discriminates against gays and lesbians without justification.

The law is not necessary to protect procreation, as its defenders assert, the brief says. “Proposition 8’s denial of marriage to same-sex couples, particularly where California at the same time grants same-sex partners all the substantive rights of marriage, violates equal protection.”

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California Poll Finds Widespread Support For Same-Sex Marriage

February 28, 2013 | 6:01 am

California Poll Finds Widespread Support For Same-Sex Marriage

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Couples challenging Prop 8 pose before an Appeals Court hearing in Dec. 2010. (Scott Shafer/KQED)

Four years after narrowly  banning same-sex marriage in California through Proposition 8, state voters now approve of gay nuptials by 61 to 32 percent, a new Field Poll finds. That’s a couple of points more in favor of same-sex marriage than in last year’s poll, which found a 59 to 34 percent margin of support. In 2010, the numbers in favor were 52 to 48 percent.

The survey, released today, finds more support than opposition to gay marriage in every demographic subgroup except registered Republicans and self-identified conservatives.

The poll comes on the last day for friend of the court or “amicus” briefs to be filed in the U.S. Supreme Court case challenging Prop. 8.

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February 14, 2013 | 4:51 pm

Photos: Same-Sex Marriage Advocates Disrupt SF City Hall

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Several gay and lesbian couples disrupted business at San Francisco’s city hall Friday morning. The couples entered the city clerk’s office asking for something they knew they couldn’t get … a marriage license.

“We love each other and we want the rights that everyone else gets. I don’t want if I die that she can’t get my Social Security or come take my house because we’re not legally married,” said Linda Gates who attended the protest with her partner Betty.

During the demonstration, heterosexual couples, including Mario Caballeros and his fiancé Jessica from Richmond, were told to come back later.

“That just sucks. They can pick another time and another reason or do it the right way,” said Caballeros. “Just taking up peoples’ time. We have to wait just for them to get their little word out? That’s not cool, you know?”

Protesters sang and chanted until sheriff’s deputies ordered them to disperse. Thirteen protesters who refused to leave were detained for just a few minutes, then released without being charged.

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January 7, 2013 | 9:40 am

Supreme Court Sets Dates for Prop. 8, DOMA Hearings

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The U.S. Supreme court has set dates for hearings on two cases concerning same-sex marriage. It will hear arguments on California’s Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.

It will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.

In the Proposition 8 hearing, Hollingsworth v. Perry, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.

It’s also asking them to present arguments on whether the people defending Proposition 8 — its sponsors — have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California’s governor Jerry Brown opposes the law.

DOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In United States v. Windsor, the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.

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December 7, 2012 | 5:34 pm

Analysis: Will SCOTUS Go Narrow or Broad on Same-Sex Marriage Rulings?

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The U.S. Supreme court has set dates for hearings on two cases concerning same-sex marriage. It will hear arguments on California’s Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.

It will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.

In the Proposition 8 hearing, Hollingsworth v. Perry, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.

It’s also asking them to present arguments on whether the people defending Proposition 8 — its sponsors — have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California’s governor Jerry Brown opposes the law.

DOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In United States v. Windsor, the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.

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Supreme Court to Review Prop. 8, Defense of Marriage Act

December 7, 2012 | 3:45 pm

Supreme Court to Review Prop. 8, Defense of Marriage Act

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The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty ImagesThe Supreme Court will take up California’s ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

The justices said Friday they will review a federal appeals court ruling that struck down the state’s gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California’s Supreme Court.

The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.

The cases probably will be argued in March, with decisions expected by late June. Full AP story here

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Nevada Gay Marriage Ruling Could Complicate Supreme Court’s Prop. 8 Decision

December 4, 2012 | 9:59 am

Nevada Gay Marriage Ruling Could Complicate Supreme Court’s Prop. 8 Decision

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Four days before the U.S. Supreme Court met to ostensibly discuss California’s Proposition 8, a Nevada District Court issued a ruling upholding that state’s ban on same-sex marriage. The ruling by Judge Robert C. Jones, a George W. Bush appointee, holds that Nevada’s law does not violate the Equal Protection Clause of the 14th amendment.

That decision is at odds with Judge Vaughn Walker’s 2010 decision that struck down Prop. 8 as a violation of both the Equal Protection and Due Process clauses. Judge Walker also found that marriage is a fundamental right protected by the U.S. Constitution.

Lambda Legal, which represented the 16 plaintiffs in Nevada, will appeal Judge Jones’ decision to the 9th Circuit Court of Appeals.

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No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday

December 3, 2012 | 7:19 am

No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday

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The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images

Same-sex marriage was not on the U.S. Supreme Court’s list of orders when it was released at about 9:30 a.m. That means we’ll have to wait until Friday to find out if the high court will review the case concerning Prop 8, California’s voter-approved ban on gay marriage.

An appeals court previously upheld a lower court’s ruling that invalidated Proposition 8. That is one of two laws involving same-sex marriage that the high court may review next spring. The court is also weighing overturning the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return.

The Supreme Court will announce whether or not it will review the cases in a list of orders. “The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders,” the Supreme Court website states. “Such an order will, for example, deny a petition… without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but ‘miscellaneous’ orders may be issued in individual cases at any time.”

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Awaiting SCOTUS on Same-Sex Marriage: Clarifying What’s Before the Court

November 30, 2012 | 8:10 pm

Awaiting SCOTUS on Same-Sex Marriage: Clarifying What’s Before the Court

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The U.S. Supreme Court is considering whether to review two sets of decisions by lower courts involving same-sex marriage. Despite widespread anticipation, the court did not announce today whether or not it would hear the cases, so everyone will have to wait till at least Monday. One set of rulings the court is weighing overturned […]

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