Comment by smcin
5 hours ago
California Proposition 8 (gay marriage ban) was unconstitutional though, it was always likely to be struck down by the SC.
5 hours ago
California Proposition 8 (gay marriage ban) was unconstitutional though, it was always likely to be struck down by the SC.
That's not why it was "struck down" by SCOTUS. It was struck down because California intentionally did not defend the case in SCOTUS, leaving the proponents (i.e., those representing the majority vote) to defend it in SCOTUS. Then SCOTUS determined the prop 8 voters didn't have standing to defend prop 8, essentially defaulting the decision through a perverse chickenshit technicality and remanding it back to the lower courts.
SCOTUS did not find gay marriage bans unconstitutional in that case. Only the 9th circuit did, and California intentionally stopped defending it at the 9th circuit because the 9th circuit is and was pro gay marriage.