Proposition 8 Overturned on Appeal: How The Court Found The Ban on Same-sex Marriage Unconstitutional
Many people have heard of the most recent decision of the 9th Circuit Court of appeals in Perry v. Brown. This is the case that challenged the California law that bans same-sex marriage. Proposition 8 was passed in a general election where a majority of the voters of California enacted the legislation banning same-sex marriage. Legal challenges were quick, and the 9th Circuit’s opinion was the latest in the same-sex marriage debate. To understand the decision from a legal perspective, it is important to understand the legal distinction that same-sex couples are not recognized as a “protected class” within the definition of America’s equal protection laws. Certain classifications of persons fall into legal protected classes under our laws. This is typically understood as gender, race,…












