1. Current Event Eleven
Will Justice Kennedy strike down Californiaʼs gay marriage ban?
http://news.yahoo.com/blogs/ticket/justice-kennedy-strike-down-california-gay-marriage-
ban-091810994--election.html
! After all the controversy with gay marriage, Justice Anthony Kennedy now finds
himself as the swing vote on this issue. He will now listen to two arguments to influence
his decision. The issues up for debate are californiaʼs voter-approved ban on gay
marriage (Proposition 8) violates the constitutional rights of gay people in the state. The
other issue is if the 1996 Defense of Marriage Act is legal. The Defense of Marriage Act
states that only marriage between two people of opposite sex are federally valid. This is
so controversial because based on this ruling potentially all gay marriage bans will be
deemed unconstitutional or gay couples will be deemed to have no constitutional right to
marriage.
! Kennedy is actually a conservative Republican making the possibility of him
being the swing vote shocking for many. There have been a few exceptions to this
conservative views such as his support in Roe v Wade and that states may not
sentence the death penalty for crimes committed as a juvenile. Many suspect once
again he will sway from his conservative colleagues and stand with the liberals. Despite
the speculations, many find it more reasonable that he will go against Californiaʼs
proposition 8 on narrower premise so this doesnʼt become a matter that will effect the
gay marriage bans nationally and will only effect California.
! The reason for the expectation of him siding with the liberals is based off of
statements Kennedy has released. He wrote an opinion on Romer v Evans saying that
he was against the discrimination of gay people and that the law was an outrage
because it appeared to be motivated by hatred of a group of people. Kennedy has
opened the door for wider fir the fight for same sex marriage as he is admitting to the
moral dilemma this has created. He disproves of the discrimination of it but from a legal
standpoint people are unsure of how he will vote.
! I personally think itʼs great that people you wouldnʼt expect to come around are
slowly coming around. My opinions on gay rights are pretty standard for really every
controversial issue. This does not effect me. I think we need to legalize gay marriage.
Those who want to marry are now able too. If someone is against it, then donʼt go get
married to someone of the same sex. This is more of a religious/moral issue to me than
a true legal one. People are up in arms because one side thinks it ruins the sanctity of
marriage. The other side is up in arms because they feel like they are being denied
rights. Separation of religion and government. If same sex marry and you think they are
going to hell, how is that your problem? You arenʼt the one going to hell, they are. So
what difference does it make from that stand point?
! I just am tired of the battle. If you donʼt like it, donʼt participate. That doesnʼt mean
other people need to suffer because of what someone else believes. If it was up to me I
would allow gay marriage. This in no way effects me so why would I be up in arms
about it? Not that big of a deal. Everyone just needs to calm down.
Tara Pawlyk Thursday, May 16, 2013 12:01:58 PM ET 04:0c:ce:d3:10:88