Resources
California Top Court Rules That Gay Marriage Ban Is Unconstitutional
http://abcnews.go.com/TheLaw/Story?id=4866721&page=1
California Supreme Court: State constitution gives gays the right to marry
http://www.mercurynews.com/peninsula/ci_9279651
State policies on gay marriage
http://ap.google.com/article/ALeqM5hXq0ocZnYHb3p4e46zz4lFZiG25gD90M8KS01
Discussion Questions
- What laws regarding gay marriage were challenged in the California Supreme Court?
A California family code section restricting marriage to heterosexual couples, as well as a 2000 ballot initiative, Proposition 22, that defined marriage as between a man and a woman.
- How did the California Supreme Court rule on the state’s gay marriage ban?
The Court struck down the ban as violating the California state constitution. The opinion stated, “The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.” The ruling reasoned that preserving marriage between a man and a woman is not a compelling state interest.
- What has been the reaction to the ruling from those who support gay marriage as well as those who do not support it?
Supporters see the ruling as a victory for equality under law and civil rights. They applaud the Court’s overturning of the ban on gay marriage as a correction of infringement of the rights of the minority by the majority. Critics of the ruling believe that protecting traditional marriage is indeed a compelling state interest, and point out that couples of the same sex already had shared many of the same legal rights and responsibilities under state law as heterosexual married couples, such as the rights to divorce and to receive child support.
- Will other states be required to recognize gay marriages from California if their own laws and/or constitutions prohibit gay marriage?
No. The Defense of Marriage Act (1996) provides that states are not required to recognize same-sex marriages from other states and forbids the federal government from recognizing gay marriages, even if they are legal in a state.
- The California Court called marriage a “basic civil right.” Do you agree with this description? Why or why not?
Accept reasoned answers.
Extension
Have students research this issue of same-sex marriage and its implications for such constitutional principles as federalism, popular sovereignty, separation of powers, and majority rule versus minority rights. Students can begin their research using the following resources:
State policies on gay marriage
http://ap.google.com/article/ALeqM5hXq0ocZnYHb3p4e46zz4lFZiG25gD90M8KS01
The federal Defense of Marriage Act
http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.3396.ENR:
Federalism
http://www.citizenbee.org/user/StudentGuide.aspx?id=836
Popular sovereignty
http://www.citizenbee.org/user/StudentGuide.aspx?id=835
Separation of Powers
http://www.citizenbee.org/user/StudentGuide.aspx?id=922
Majority rule versus minority rights
http://www.citizenbee.org/user/StudentGuide.aspx?id=841
