Questions about whether or not gay marriage will become legal in California remain up in the air as the U.S. Supreme Court failed to address Proposition 8 on Monday morning.

With the legalization of same-sex marriage in the District of Colombia and six states – Vermont, Connecticut, Iowa, Massachusetts, New Hampshire and New York – it is easy to question why California has failed to follow suit, and what the current standing is on the issue. Additionally, with more and more states now making same-sex marriage legal, it is unquestionable that California should also do the same rather than perpetuating the unethical values that many of the other states stand for.

Plans had been put in motion to discuss Proposition eight – which bans same-sex marriage in California -  at a private conference last Friday, along with several other cases challenging the federal Defense of Marriage Act. Following the conference, the Supreme Court justices released a list of cases they would take up in June, excluding Proposition eight, leading many to speculate the court may have decided not to hear the case.

If this were to be the case, the 9th Circuit ruling invalidating Proposition eight would stand, clearing the way for same-sex marriage in California unless the Supreme Court gets involved.

The long-standing debate on same-sex marriage has remained heated since California voters approved Proposition eight, which banned gay marriage, four years ago, and has remained up and down since.

In 2009, a district judge found Proposition eight unconstitutional, and in Feb., the 9th Circuit Court of Appeals agreed, which then led proponents of Proposition eight to ask the Supreme Court to review the case, thus ensuing a waiting game.

According to, opponents of same-sex marriage have been known to argue that altering the traditional definition of marriage as between a man and a woman will further weaken a threatened institution and that legalizing gay marriage is a slippery slope that may lead to polygamous and interspecies marriages.

However, same-sex marriage opponents may have something coming to them if the U.S. Supreme Court decided to hear the case. According to, the Federal District Court and Ninth Circuit Court of Appeals both ruled that there is no legitimate reason to deny gay and lesbian couples the fundamental freedom to marry in California after Proposition 8 has been ruled unconstitutional twice.

So where does California go from here? The Supreme Court will consider ten petitions presenting issues relating to same-sex marriage on Friday, according to They could also announce next Monday that they are not taking the case. Or they could continue to discuss it at subsequent conferences early next year.

Additionally, if the high court decides to review Hollingsworth vs. Perry, it could lead to a historic victory legalizing same-sex marriage nationwide.

2 Replies to “OP ED: California should legalize gay marriage”

    1. She left out the three states that passed same-gender marriage laws last month. Either this article is a month or two old and is just now being posted, or she didn’t follow the November elections very closely.

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