Prop. 8 ruled unconstitutional

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The gay pride flag flies in front of San Francisco City Hall. (Jamison Wieser/Flickr/Creative Commons License)

On Feb. 7 in San Francisco, the 9th U.S. Circuit of Appeals Court ruled 2-1 that the ban on gay marriage was unconstitutional. 

The ruling comes after over a year of court deliberation regarding the constitutionality of the 2008 proposition, Proposition 8. The case is formally known as Perry v. Brown.

According to Ballotpedia.org, the constitutionality of the amendment was upheld by the California Supreme Court on May 26, 2009.  However, the proposal was ruled unconstitutional by a federal judge on Aug. 4, 2010, which was mirrored by the 9th Circuit.

Skyline political science professor Jeff Diamond, who is himself close to the plaintiff, believes that the case will ultimately end up in the Supreme Court.

“That case is called Perry v. Brown,” Diamond said. “It’s kind of interesting because my kid goes to the same school as Perry’s kid. I think it’s highly likely the Supreme Court will take this case. . . It seems likely they will uphold this decision.”

Diamond went on to comment that even though the California Supreme Court is itself more conservative leaning than the 9th Circuit, the chief justice is himself a parent of adopted children.  Diamond speculates that this could lead to a softer view of unconventional family structures from the judge’s standpoint.

Alec Bates, professor of chemistry and adviser to the Gay-Straight Alliance at Skyline, spoke of how the organization was invested in the issue of same-sex marriage and helping to enlighten people about issues facing the LGBT community.

“As a GSA, we feel that one of our tasks is to educate the campus and the larger community about issues of equality, including same-sex marriage,” Bates said. “To that end, in the past we have tabled in the quad, held open forums, hosted speakers and film showings, and held a conference for the LGBTQQIA community on the campus. We plan to continue these activities in the future as well.”

Another adviser to the Gay-Straight Alliance, Professor Kate Smith, believes that the ruling could be a tremendous victory for civil rights in the future.  “It’s a big step in the right direction,” Smith said. “One day soon, I’d really love to be able to look out over a classroom full of students without having to worry that some of them might be denied the right to marry the people they love.”

Skyline student Miguel Rodriguez believes that restricting the marriage rights of same-sex couples is unnecessary, and that a couple’s gender is an insignificant factor in determining what constitutes marriage.

“I don’t feel bothered that gays want to be married,” Rodriguez said. “If people want to get married because they deeply love each other, then they should.”