Citizen

The Raleigh news & politics blog of the Independent Weekly

Archives | RSS

Tuesday, February 7, 2012

Unconstitutional: California's same-sex marriage ban is discriminatory, federal appeals court says.

Posted by Bob Geary on Tue, Feb 7, 2012 at 4:39 PM

The Ninth Circuit Court of Appeals decision applies only in California, according to its terms. But by striking down California's Proposition 8, the voter-approved anti-gay marriage initiative, the court put the issue of gay marriage bans squarely before the U.S. Supreme Court.

North Carolina has an anti-gay marriage statute, and we'll vote in May on an amendment to the state constitution banning gay marriages and also civil unions between same-sex partners.

However, a state — even in its constitution — can't discriminate against citizens in a way the U.S. Supreme Court has declared unconstitutional under the 14th Amendment to the federal constitution. That's what the Civil War was all about: States can't violate fundamental rights.

Some day, we'll think about these gay marriage bans the same way we think about the Dred Scott decision.

Talking Points Memo posted a handy map of states and their status re: gay marriage, civil unions & equal rights.

Tags: ,

Comments (1)

Showing 1-1 of 1

Add a comment

There is no discrimination here. None. Zero. Zip. Zilch. Nada. Homosexual men and women have the exact same rights are hetrosexual men and women.

report 1 like, 1 dislike   
Posted by as400_guru on 02/09/2012 at 12:41 PM
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

Latest in Citizen

More by Author

Facebook Activity

Twitter Activity

Read indyweek's Tweets

Comments

A War on the Family
The Family is under attack sometime I ask myself does anyone in America believe in …

by mayorbell1172 on (Updated x 2) Amendment 1 passes easily, and other primary results (Citizen)

I've always been proud to call myself a North Carolinian.... Till now - just goes to show we are a …

by Sara Rhodes on (Updated x 2) Amendment 1 passes easily, and other primary results (Citizen)

© 2012 Independent Weekly • 302 E. Pettigrew St., Suite 300, Durham, NC 27701 • phone 919 286 1972 • fax 919 286 4274
RSS Feeds | Powered by Foundation