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Health & Fitness

Prop 8 is Unconstitutional

Many people argue for or against gay marriage based on their moral and religious beliefs, but missing from the discourse is a good look at whether the law is actually constitutional to begin with.

Many people argue for or against Prop 8 based on their moral and religious beliefs, but missing from the common discourse, is a good look at whether the law is actually constitutional to begin with.

The Supreme Court has taken up the case against Prop 8 and the legal argument against Prop 8 has garnered much support from the Obama Administration.

Prop 8 states: "Only marriage between a man and a woman is valid or recognized in California."

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California allows civil unions for same-sex couples with the same benefits as marriage does. Then why does California keep denying the status of marriage to the LGBT-community? That's the point that opponents of Prop 8 are making.

The law is unconstitutional because it denies a same-sex couples right to marry based on the premise that their union is not an equivalent of marriage. That would be a violation of the Fourteenth Amendment's Equal Protection Clause that states that all laws must provide equal protections for all citizens.

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This country was founded by people who feared the persecution and left to create a society that protects everyone. That ideal has been embedded in all of our founding documents and have been part of the spirit of the country.

Isn't it time to live up to that?

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