Sunday, September 12, 2010

Amendment X : State's Rights

Source:
http://latimesblogs.latimes.com/lanow/2010/08/prop8-gay-marriage.html

Constitutional Connection:
Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Analysis of the Connection:
Proposition 8 is a perfect representatiion of the tenth amendment. In the constitution, it does not state whether or not gay/lesbian marriage should be permitted in the states. Therefore, in November 2008, a voter approved ballot measure banned same-sex marriage in the state of California. This brought upon major ethical and constitutional controversies. However, in August of 2010, Judge Vaughn Walker striked down Proposition 8 declaring it unconstitutional.


I completely agree with Judge Walker on this issue. Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.

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