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The voice of De Anza since 1967.

La Voz News

The voice of De Anza since 1967.

La Voz News

U.S. District Court finds Prop 8 unconstitutional

In a landmark ruling by U.S. District Court Judge Vaughn Walker, California’s ban on same-sex marriage, otherwise known as Proposition 8, has been found in violation of the Fourteenth Amendment of the United States Constitution.

The trials leading to Walker’s decision began in November 2008, as the original Proposition 8 defined marriage as “a union of opposite-sex couples only” was passed.

Almost two years later, on Aug. 4, Walker presented a 136-page decision which stated the “plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.”

“It’s 2010, I mean, I don’t get what’s the problem,” Cassie Baker, an undecided major, said. “Two guys or two girls or one and one, they’re all the same to me.”

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Students in De Anza College’s Gay-Straight Alliance reacted to the decision as well. Film major Martin Finger said, “On a personal level I have no plans now, but I’m happy that I wouldn’t have to move to Massachusetts in order to marry.”

“My reaction was, ‘K – this is cool,'” said Chelsi Konsella, GSA’s co-president. “‘But, it’s just going to get appealed anyway.'”

Since the decision, according to a court document, the ninth U.S. Circuit Court of Appeals has stayed Walker’s order until an appeals hearing on December 6. This means that Prop 8 is still in effect and no same-sex marriages may take place in California.

One possibility, implied in the same court document, is that the Court of Appeals may rule that proponents of Prop 8 do not have standing to appeal. In this case, same-sex marriage will be legal in California and without a new appellant will go no further.

If the Court of Appeals decides that the proponents of Prop 8 do have standing, the ruling of the Court of Appeals will affect all nine of the states within the ninth circuit court’s jurisdiction, according to the U.S. Courts website. None of the potentially affected states have legalized same-sex marriages, according to the Human Rights Campaign website.

If Walker’s ruling is confirmed, same-sex marriages will be legal in all nine states. If the ruling is overturned, each state will continue to determine the issue independently. Either way the ruling goes, if Prop 8 proponents are found to have standing, appeals may bring the case to the Supreme Court of the United States, in which case the outcome would have a national scope.

“I’m optimistic,” Finger said, “I don’t think things will change quickly, but they will change.”

In a landmark ruling by U.S. District Court Judge Vaughn Walker, California’s ban on same-sex marriage, otherwise known as Proposition 8, has been deemed a violation of the Fourteenth Amendment of the United States Constitution.

The trials leading to Judge Walker’s decision began in November 2008, as the original Proposition 8 defining marriage as “a union of opposite-sex couples only” was passed.  Almost two years later, on August 4, Judge Walker presented a 136-page decision which stated the “plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.”

“It’s 2010, I mean I don’t get what’s the problem,” Cassie Baker, undecided major said, “Two guys or two girls or one and one, they’re all the same to me.”

“When I heard gay marriage was legal again in California, I was like ‘that’s wassup,'” said Audie Reyes, music major. Supporters of the gay marriage rights celebrated Walker’s decision.

Students in De Anza College’s Gay-Straight Alliance reacted to the decision as well. Film major Martin Finger said, “On a personal level I have no plans now, but I’m happy that I wouldn’t have to move to Massachusetts in order to marry.”

“My reaction was, ‘Kay- this is cool,'” said Chelsi Konsella, GSA’s co-president. “‘But, it’s just going to get appealed anyway.'”

Since the decision, according to a court document, the ninth U.S. Circuit Court of Appeals has stayed Judge Walker’s order until an appeals hearing on December 6. This means that Prop 8 is still in effect and no same-sex marriages may take place in California.

One possibility, implied in the same court document, is that the Court of Appeals may rule that proponents of Prop 8 do not have standing to appeal: In this case, California will have same-sex marriage and it will go no further legally.

If the Court of Appeals decides that the proponents of Prop 8 do have standing, the ruling of the Court of Appeals will affect all nine of the states-California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, within the ninth Circuit Court’s jurisdiction according to the U.S. Courts website. None of the potentially affected states currently have legal same-sex marriages according to the Human Rights Campaign website.

If Judge Walker’s ruling is confirmed, same-sex marriages will be legal in all nine states. If Judge Walker’s ruling is overturned, each state will continue to determine the issue independently. Either way the ruling goes, if Prop 8 proponents are found to have standing, appeals may bring the case to the Supreme Court of the United States, in which case the outcome would have national scope.

“I’m optimistic,” film major Martin Finger said, “I don’t think things will change quickly, but they will change.”

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