Blog #20

Choose an issue from American History that we have discussed in class recently. Write a brief (one to three paragraph) history of the issue and the Federalist vs. Antifederalist issues involved. In this brief history, be sure to cite relevant sources and make specific, clear references to major historical events.

Today in class we talked about some issues in American History. Usually when someone says "history" you might automatically think back to hundreds, maybe even thousands of years ago however, with this blog, I would like to take the time to focus on something more current, the issue of same-sex marriage. As you may know, two years ago prop 8 was being voted on to allow same-sex marriage within the state of California. It was not passed. However, just recently on Wednesday August 4, 2010, prop 8 was overturned in supreme court and ruled unconstitutional.

Same-sex marriage has a short but very heated history in the U.S. This issue first rose to attention in 1993 in Hawaii where judges found that the state's constitution needed a compelling reason to not extend to gays equal marriage rights. The ruling prompted Congress to push through the 1996 Defense of Marriage Act. This prevented homosexual couples from getting the benefits that are traditionally conferred by marriage. Ever since then, the individual states have tried to define their own stance on this issue. Currently, twenty-seven states have passed constitutional bans on gay marriage, while just 10 have granted rights to homosexual couples and the polls have shown that the majority of Americans, including Californians, remain against gay marriage.

Prop 8 was brought to the 9th U.S. Circuit Court of Appeals on December 6th, 2010. The appeals court panel will issue a decision on whether California's same-sex marriage ban is constitutional. The infamous ban gay marriage began in 2008 after the state Supreme Court approved the practice. The three judges on the panel listened to lawyers battle over the ban for three hours yesterday morning during the federal court proceedings. Judge Stephen Reinhardt said, "The court could legalize same-sex marriage in California but leave similar bans in nine Western states in place."




Then....

Choose at least one person not in this class whose opinion you respect. Interview this person to seek their ideas and opinions about the issues inherent in the element of history you have chosen.

Ideally, you want to quote this person, but it is okay to paraphrase their ideas at certain points, if necessary.

Interviewer- Ally Moder
Interviewee- Vanessa Siebold

1. Have you heard about Prop 8? If so... how?

Yes. Everyone was talking about it and it was on the news and we would talk about it in GSA.

2. What do you know about it?

That it takes away the right of same sex couples to get married in the state of California.

3. How do you feel about it?

That it's stupid. It's just a way of having the law protect intolerance and it gets in the way of civil rights.

4. If you were fighting for/against this proposition, how would you present your argument and why evidence would you use?

The constitution protects your right to life, liberty, and the pursuit of happiness. so a law that makes it so two people who love each other and want to spend their lives together cant get married and get in the way of their right to the pursuit of happiness. The definition of marriage had changes throughout history to include people who have been discriminated against so I see no reason why people argue that marriage is defined as one thing and that there is no issue of rights.

5. Is the constitution the only evidence you would use?

Well I don't know what else I would use. The constitution says... that and we have changed the definition of marriage. People say that domestic partnership or Civil Union is the same as marriage but ITS NOT. People who are in a legal marriage are given more benefits and different opportunities than someone in a partnership. this isn't fair because it is not equal protection under the law stated in the constitution!

6. Do you know where prop 8 is now?

In the courts. Well prop 8 was passed in 2008 and then people appealed it and then it was repealed and then it was reinstated and now its in the court.

7. Do you know what court?

Supreme Court of California?

A. Actually it is in the 9th Circuit Court of Appeals.
V. Oh, ok.