Proposition 8 is a California state law, not a federal law. Yet, it is a law with national significance. Proposition 8 is a ballot initiative that removed the constitutional right to equality under the law from same-sex couples in California. At issue in judicial review of Prop 8 is the question of whether states have the right to enact laws that defy the Constitution of the United States of America.
Today, Proposition 8 was ruled unconstitutional by a federal appeals court. Supporters of the discriminatory law still have the opportunity to appeal to the Supreme Court, however.
In reaction to the ruling against Prop 8, U.S. Representative Mike Honda, who works in Congress on behalf of California’s 15th congressional district, wrote:
“Today marks a landmark moment in the fight for equality and justice with the United States 9th Circuit Court’s finding that the California Proposition 8 ban on same-sex marriages is unconstitutional under the Equal Protection and Due Process Clauses in our Federal Constitution. We can no longer piecemeal equality on a state-by-state basis or otherwise limit the courageous march to justice. Love, commitment and dedication have no boundaries and todayâ€™s ruling is a crucial step towards a more perfect union. In my decade in Congress and as the current Vice Chair of the LGBT Caucus, I have worked with the gay community and its allies on critical issues; visitation rights, employment non-discrimination, family reunification under immigration law, hate crimes and education. Discrimination in any realm is inequality; it is intolerable. Now more than never, it is imperative to remind each other, and our elected officials, that until we all have equal rights â€“ be it the right to marry or earn equal wages â€“ liberty and justice has not yet been granted.”