cacahuate: (My gay icon)
In light of the apparent epidemic of people thinking, based on an article from last year, that the California Supreme Court has overturned Prop 8 (it hasn't), I thought I'd provide a handy basic timeline of the events leading to where we are now.

March 7, 2000 - The people of California vote to pass Prop 22, adding language to the California Civil Code (NOT the Constitution) banning same-sex marriage.

September 6, 2005 - The California legislature passes a bill that would eliminate gender requirements for marriage, making it the first state legislature in the nation to approve a same-sex marriage bill without a court order. Soon after, Governor Schwarzenegger vetoes the bill, arguing that since Prop 22 was passed by the people, it should only be repealed by the people.

May 15, 2008 - The California Supreme Court overturns Prop 22, affirming marriage as a fundamental right.

June 16, 2008 - The first completely legal same-sex marriages in California are performed.

November 4, 2008 - The people of California vote by a small margin to pass Prop 8, which amends the California Constitution to ban same-sex marriage. Under normal circumstances, the only way to reverse such an amendment is to pass another amendment.

November 18, 2008 - The California Supreme Court agrees to hear three lawsuits challenging Prop 8. While the Supreme Court cannot normally strike down constitutional amendments, these lawsuits argue that Prop 8 constitutes not just a constitutional amendment but a constitutional revision because it eliminates a fundamental right. (Unlike constitutional amendments, constitutional revisions require the approval of two thirds of the state legislature; therefore, if Prop 8 is a revision, it is invalid because it has not been approved by the legislature.)

March 5, 2009 - The California Supreme Court hears oral arguments in the cases challenging Prop 8.

Sometime before mid-June - The California Supreme Court will render their decision. They will most likely uphold Prop 8.

May 22, 2009 - The California Supreme Court rules 6-1 to uphold Prop 8.


cacahuate: (Default)

November 2016

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