Judicial Activism: Same Sex Marriage And The Aftermath Of Proposition 8
JUDICIAL INTERVENTION
After Vermont, Connecticut became the second state in the United States to accepted same sex marriages. However, it did so without judicial intervention for the first time in history in 2005. In October, the Connecticut Supreme Court held that that failing to give same-sex couples the full rights was against the equal protection clause of the state’s constitution. After the court’s order, Connecticut became the third state, after Massachusetts (2004) and California (2008) to legalize same-sex marriage.
Gays and lesbians community hoped that by November 4, enough Californians would help their gay and lesbian friends, family, and coworkers and vote no to taking away their fellow citizen’s right to marriage.
The California Supreme Court unequivocally found that everybody including gays and lesbians couples has a constitutional right to marry under the state constitution. However, many California residents opposed this holding and asked for Proposition 8 to be placed on ballets. However, after spending millions of dollars on advertising, California residents voted no on proposition 8. But the question arises of whether it is time for juridical intervention again? I believe state of California is still not ready for accepting marriage between same-sex couples. As time passes by, there is a possibility that California residents may view same-sex marriage differently. Currently, I do not think that judicial intervention is the answer to the wishes of same-sex couples that want nothing but to pursue their happiness.
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