Prop 8: Just One Level Below the US Supreme Court
Both sides vigorously argue that they are right and the people stand with them. However, 2 out of 3 judges ruled that Prop 8 was unconstitutional.
Judge Reinhardt wrote:
"Proposition 8 operates with no apparent purpose but to impose on gays and lesbians, through the public law, a majority's private disapproval of them and their relationships," Judge Stephen Reinhardt
What does Florida say about same sex marriage?
Under Florida Statute 742.212 it states,
“Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
The statute further goes on to say:
For purposes of interpreting any state statute or rule, the term “marriage” means only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such a union.
United States Supreme Court Showdown
If the U.S. Supreme Court grants certiorari for the Prop 8 case then the Florida Statute 742.212 may be in jeopardy. However, like many legal analysts have stated the chances of the U.S. Supreme Court taking the case on will be unlikely.