Tuesday, February 7, 2012

What the lift on the ban of gay marriage in California means for Arizona

Today was a great day in American history. Whether you support gay rights or not, civil rights will eventually prevail. The 9th Circuit of Appeals, sitting on a 3 justice panel, lifted the ban on gay marriage, deeming the ban unconstitutional. This ban was known as Proposition 8. The court held that by banning gay marriage, the rights of the LGBT community were abridged, and therefore equal protection of the law under the 14th amendment was violated. This case lines up with Brown v. Board of Education in my eyes. "Separate but equal is inherently unequal". The separate institutions of marriage being represented (civil unions and the "sanctity" of marriage"). Although unequal options are available for gays, it violates the Equal Protection clause.
One might ask: What does this mean for me? More specifically, what does this mean for Arizona?
Arizona, along with California, and several other states make up the 9th circuit of appeals, the largest circuit in the country. By ruling on the matter, the California case sets precedence and legitimacy on the table for other states willing to try to allow for gay marriage. With that being said, if Arizona does choose to fight for gay rights (which is eventually possible, it might just take a while), three DIFFERENT judges will hear the case, as the judges in the circuit rotate in 3 person panels. Judges on the panel can have a high amount of significance as to how the case will be decided, in terms of who appointed them/how they were appointed, and their personal preferences. (Courts aren't as unbiased as they seem). For example, if Arizona were to put a Prop 8-esque bill on the table, and it went to court, and it failed, it would look extremely bad for Arizona. Civil rights should not be determined by state borders, but the 10th amendment allows for this. The same goes for the death penalty. The state that you murder in can decide if you are murdered. So it is possible that gay marriage will remain fragmented for some time. Any rights not afforded to the federal government via the constitution are reserved to the people (the state). So even though California allows gay marriage, it doesnt mean that Arizona has to for the sake of "fairness".
Ideally, I would like to see Arizona BAN gay marriage. Strike down any gay marriage friendly legislation it sees or passes. This seems like a backwards view to have, however has the power to appeal to the United States Supreme Court for interpretation.
So lets say Arizona says no, no gay marriage. It violates the sanctity of marriage, and is not constitutional, or ethical.
The case then has easier access to the top since one state over, gay marriage is allowed. If the USSC rules in favor of gay marriage, it will allow for a uniform implentation and application. The USSC enforces the "law of the land", and if ruled upon, will set a grid of sorts for gay marriage to flow onto. Then it will not be a matter of the states, it will be FEDERAL LAW, which has a lot more status than individual state law. Since states cannot preempt or trump federal law and decisions, gay marriage will be available everywhere instead of just in select states. Sometimes we need to sacrifice to gain. Today California gained, and if one "red state" is willing to sacrifice, then so be it.

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