Same sex marriage is legal in California (again)

The Ninth Circuit Court of Appeals today ruled that Proposition 8, amending the California Constitution by eliminating the previously determined right to same-sex marriage under California law, was unconstitutional under the United States Constitution. The decision was made on narrow grounds.

Essentially the majority rules that, because California has previously allowed same-sex marriages, Proposition 8 was unconstitutional because it eliminated a previous right to same-sex marriages. The majority ruled that there was no rational basis for treating same-sex married couples differently that opposite-sex married couples since existing domestic partnership law in California gave each and every right other than the right to use the term “marriage” to same-sex couples. In effect, the majority concluded that the only effect of Proposition 8 was to denigrate the status of same-sex couples by denying their relationships the term of “marriage.” This, the majority concluded, was not a rational basis for Proposition 8. In the words of the court:

[b]y using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the People of California violated the Equal Protection Clause.

More from Jonathan Turley here.

You can read the decision here.