Gavin Newsom, who as San Francisco mayor allowed the city to issue gay marriage licenses in defiance of state law insaid in a statement. Far from it. As we look to the future, I urge those with whom I have walked this march to continue forward with vigilance and resolve.
Same-sex marriage is legal in the U. The issuance of those licenses was halted during the period of November 5, through June 27, though existing same-sex marriages continued to be valid due to the passage of Proposition 8 —a state constitutional amendment barring same-sex marriages. Perrywhich restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.
Hollingsworth v. Perry were a series of United States federal court cases that legalized same-sex marriage in the State of California. The case began in in the U.
In re Marriage CasesP. On May 15,the California Supreme Court ruled in a 4—3 decision that laws directed at gays and lesbians are subject to strict scrutiny and same-sex couples' access to marriage is a fundamental right under Article 1, Section 7 of the California Constitution. The court found that two statutes barring same-sex marriage in Californiaone enacted in by the legislature and the other in by state voters Proposition 22were unconstitutional.
Proposition 8known informally as Prop 8was a California ballot proposition and a state constitutional amendment passed in the November California state elections. The proposition was created by opponents of same-sex marriage in advance  of the California Supreme Court 's May appeal ruling, In re Marriage Caseswhich followed the short-lived same-sex weddings controversy and found the previous ban on same-sex marriage Proposition 22unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court on different grounds inalthough the court decision did not go into effect until June 26,following the conclusion of proponents' appeals.
Nina Totenberg. The U. The court's 5-to-4 decision means that the federal government will now have to provide the same benefits to gay couples as to heterosexual couples.
It isn't intended to be legal advice, and shouldn't be taken as such. For legal advice concerning your particular situation, please consult an attorney. Same-sex couples have had the freedom to marry in California sincewhen the Supreme Court declined to hear the appeal in Hollingsworth v.
By a vote, the justices held in Hollingsworth v. Perry that the traditional marriage activists who put Proposition 8 on California ballots in did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial. The judgement of the U. Court of Appeals for the Ninth Circuit was vacated and the case remanded with instructions to dismiss the appeal for lack of jurisdiction.
The US supreme court's decision on California's Proposition 8 clears the way for same-sex marriages to resume in the most populous state in the nation, sending a resounding message to the rest of America while leaving the constitutional underpinning of gay marriage still in the balance. Within hours of the ruling, Jerry Brown, the governor of Californiasaid he had directed county clerks to issue marriage licenses to same-sex couples as soon as a federal appeals court lifts a temporary ban, in place since Prop 8 passed in According to the Associated Press, the ninth circuit court of appeals said Wednesday that it would be 25 days before the supreme court ruling became official.
The language of the two decisions suggests that a constitutional ruling giving all gays and lesbians a right to marry is not far off. The ruling on the federal law was a victory with practical consequences for more thangays and lesbians who are already legally married, including Edith Windsor, an year-old New York widow who brought the case. She sued to challenge the federal law after Thea Spyer, her female spouse, died. Now, the court said, same-sex, legally married couples like Windsor and Spyer are entitled to full equality under federal law.