Kristin, Franki, and Eren
Period 6
Reasoning:
● The 10th amendment gives power not specified to the federal government to the states.
● The federal government has no authority over marriage laws because that is not a power
specified to them. Therefore, marriage laws default to the states.
● If the federal government ruled on marriage, what would stop it from ruling on divorce or
child custody laws?
● Under Article 1, Section 3a of the California Constitution, “People have the right to
● instruct their representatives...” ­ we must stand with the people of California, Prop 8 was
already voted on and won. Throughout California’s history it is apparent that the people
favor the implementation of “traditional marriage”.
● We’re not arguing for or against gay marriage, we are saying it must be left up to the
states. (States that allow gay marriage: Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, New York, Maryland, D.C., Iowa, Washington) They have
used their power as individual states to recognize same­sex marriage as a legal
institution California is simply exercising their right as a state.
10th Amendment: “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or
to the people.”
Opposition: Under the 14th amendment, primarily the equal protection and privileges and
immunities clauses, Proposition 8 is clearly unconstitutional. By making laws limiting the rights of
same sex couples, states are violating the 14th amendment’s privilege and immunities clause.
Furthermore, states that prohibit same sex marriage are denying their citizens the right to the
pursuit of happiness specified in the 14th amendment.
●
Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal protection of the laws”
Proposition 8
● Proposition 8 does not deny them any other right that married couples do have such as
the right to adopt a child, file joint taxes, share property, rear children together, and make
medical decisions on behalf of an incapacitated partner. Perry v. Brown, 671 F.3d 1052,
1077 (9th Cir. 2012). Same­sex couples had this right before Proposition 8, and this
remains unchanged.
Brief:
Hollingsworth (Proponent) v. Perry (Appellant)
Procedural History:
● United States District Court for the Northern District of California ruled that Proposition 8
violated the Fourteenth Amendment’s Equal Protection and Due Process Clauses and
enjoined its enforcement.
● Ninth Circuit affirmed United States District Court for the Northern District of California
that Proposition 8 violated the Fourteenth Amendment’s Equal Protection and Due
Process Clauses and enjoined its enforcement.
Issues:
1. Does a state violate the Equal Protection Clause of the Fourteenth Amendment by
defining marriage solely as the union of a man and a woman?
2. Does the federal government have the power under the 10th Amendment on Federalism
to regulate and enforce marriage licenses?
Facts:
● (2000) California voters adopted Proposition 22­ amended the state’s Family Code to
provide “only marriage between a man and a woman is valid or recognized in California”
● (May 2008) California Supreme Court invalidated Proposition 22­ “violated the
due­process and equal­protection guarantees of the California Constitution”
● California Supreme Court ruling­ marriage be made available both same­sex and
opposite­sex couples
○ California issued over 18,000 same­sex marriage licenses
● Five California residents “Proponents” collected voter signatures and filed petitions with
the state to place Proposition 8 on the November 2008 ballot.
● Proposition 8 proposed to add same language from Proposition 22 to the California
Constitution
● 52.3 percent of California voters approved Proposition 8
○ officially an amendment to the California Constitution
● (May 2009) two California same­sex couples filed suit (denied marriage license)
○ United States District Court for the Northern District of California argued­
“Proposition 8 violated the Fourteenth Amendment equal protection guarantee of
US Constitution”
Rule of Law:
● 10th Amendment: “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people.”
● 14th Amendment Section 1: “All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws”
Reasoning:
Due to having 52.3 percent of Californians voting for Proposition 8, we are arguing that under the
10th amendment of the United States Constitution, that Proposition 8 is legal under constitutional
law. The 10th Amendment blatantly states that powers not delegated to the United States
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people. Seeing that over half of the population of California voted for Proposition 8, the people
decided what they want; democracy was upheld and should be continued to be upheld! Marriage
is not mentioned at all in the entire Constitution, therefore, marriage should be left solely for
states to decide. The 14th Amendment was enacted for purpose of assimilating former slaves
after the Union victory in the Civil War. The 14th Amendment was meant to protect the
citizenship of the former African American slaves.