Backers of California's Proposition 8, intended to ban same-sex marriage in the state, asked the U.S. Supreme Court on Tuesday to take up their appeal after two lower federal courts found the measure unconstitutional.Read the rest here.
The justices now face two gay rights issues: the Prop 8 appeal and two challenges to the federal Defense of Marriage Act.
Voters in California approved Prop 8 in 2008, less than six months after the state’s Supreme Court approved same-sex marriage. The measure was immediately challenged.
It has long been my belief that the government should get out of the marriage business entirely and require everyone who wants their particular domestic arrangements recognized to do so via a civil union and leave "marriage" as an entirely religious institution. But that aside; the matter is clearly a state's rights issue from a constitutional perspective. As such Prop 8 is fully legal and constitutional. And by the same rational DOMA is an unconstitutional usurpation of non-delegated powers by the Federal Government.
Prop 8 should be upheld and DOMA should be struck down. Moving on...