Proposition 8 is a California voter-approved ballot measure and state constitutional amendment approved in November 2008 that banned same-sex marriage in the state of California. This voter initiative didn’t just prohibit same-sex marriages, it retroactively invalidated all same-sex marriages performed in the state prior to the ballot measure’s passage. The language of Proposition 8 read: “Only marriage between a man and a woman is valid or recognized in California.”
The Legal Challenges of Proposition 8
From the moment it passed, Proposition 8 was challenged in court on the grounds that it violated the constitutional right to due process and equal protection. The case, known as Hollingsworth v. Perry reached the U.S. Supreme Court in 2013. The court found that the proponents of Proposition 8 lacked the legal standing to be defending the initiative in court. Consequently, Proposition 8 was declared unconstitutional.
The Effects and Implications of Proposition 8
In the wake of the decision, same-sex marriage returned to California. More widely, the case established an important legal precedent; it set a new standard of review for the courts when determining if a state law violates the constitutional rights of a minority group. While this case focused on same-sex marriage, its implications are far-reaching. No longer can the government deny or restrict the fundamental civil rights of a minority on the basis of their sexual orientation.
Conclusion
The far-reaching implications of Proposition 8 and Hollingsworth v. Perry will continue to shape the fight for civil rights and legal equality in the United States for years to come. This case will act as a reminder to voters everywhere of the power of their voice in shaping the laws of their state.