The Supreme Court Cannot Replace the Political Debate

The US Supreme Court,

A Universal Lesson in Constitutional Right

Jacques Coulardeau & Ivan Eve

This essay studies the Case of California’s Proposition 8 from its adoption by the voters in November 2008 to the most recent US Supreme Court ruling on June 26, 2013. This essay is essentially centered on the legal and constitutional side of the case and the arguments dealing with Amendment 14 to the US Supreme Court, Article III of teh US Constitution, and the concepts of due process of law, equal protection of the laws, strict scrutiny, standing, all concepts that should be universal in all legal and judiciary systems in the world. The case then provides the world with a full demonstration of these judicial human rights that in fact should define the concept of Habeas Corpus.

This case deals with same-sex marriage in California. The US Supreme Court refused to rule on the constitutionality of Proposition 8. They vacated and remanded the Federal Court of Appeals, Ninth Circuit’s ruling on the case because the people speaking for the State of California did not have the necessary standing. That ruling indirectly affirms the ruling of the Federal District Court that had declared Proposition 8 unconstitutional. Though it…