The United States Supreme Court will soon vote on two cases for same sex marriage. The two cases include, California’s Proposition 8 and a federal case that limits the constitutional rights for gay and lesbians. Right now the federal courts excludes governmental benefits for civil unions. By listening to the cases together the courts can now rule for both and decide if same sex marriage should be a constitutional right or should be left up to the states to decide.
California passed Proposition 8 in 2008 that prohibits same sex marriage and only allows marriage between a man and a woman. The state passed this law after the Supreme Court ruled that gay marriage was legal in California. Some believe that same sex marriage should be left up to the states. They believe that this is not a human or civil rights issue and the states should have the right to decide. Forty one states still do not allow same sex unions and 30 of those states prohibit the unions among gay and lesbians, even writing in to their constitutions that same sex marriage is illegal.
Others believe that Proposition 8 discriminates against same sex couples. They believe that it is their constitutional right to marry like it had been in 1967 for interracial couples. Theodore Olson, a Washington lawyer who is also representing California gays, believes that it is a human’s fundamental right to marry whoever they see fit.
Hopefully, the Supreme Court will come to a conclusion soon as they have been putting the issue off for a number of years now. What is your opinion on the two cases? Should gay and lesbians have the same rights as married couples between a man or woman? Should this issue be left up to the states?