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Constitutionality of Prop 8 and the Future of Gay Marriage


Just this month, after a long three year legal battle, the Ninth U.S. Circuit Court of Appeals ruled that California’s Proposition 8, which is the ballot measure that banned gay marriage, is unconstitutional. The question remains-will this case now head to the U.S. Supreme Court?  Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and J. Craig Williams, join Jennifer C. Pizer, Legal Director at the Williams Institute at UCLA School of Law and Vikram David Amar, Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law,  to take a look at this ruling and what this means for the future of gay marriage in America.

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  • Chuck Anziulewicz

    Actually, for Straight (i.e. heterosexual) couples, marriage is NOT being redefined or changing in any way. Most people are Straight, always have been and always will be, and they will continue to date, get engaged, marry, and build lives and families together as they always have. Of course, Straight couples do not need to marry in order to have sex and makes babies, nor is the ability or even desire to make babies a prerequisite for obtaining a marriage license … but that’s beside the point. The fact remains that absolutely nothing is changing for Straight couples, and your marriage will not be affected in any way by the fact that the Gay couple down the street decides to get married also.

    The marriage equality movement is nothing more than an acknowledgment that Gay people exist, and that from a purely Constitutional standpoint there is no reason to deny law-abiding, taxpaying Gay couples the exact same legal benefits and protections that Straight couples have always taken for granted.

    Now, you might say, “I don’t care if Gay couples have the same legal rights as Straight couples, just don’t call it MARRIAGE!” But even if the legal designation for Gay couples was “civil union,” at the end of the day they would still CALL themselves married, and for all intents and purposes they would BE married, so what’s the difference?

  • Noah Abrahamson

    This was a great podcast — terrific talk, and I appreciate the insights of the guests.