In November of 2008 the voters of the State of California passed”Proposition 8 – Eliminates Right of Same-Sex Couples to Marry” which statedthat married couples of the same sex would not be recognized as a legallymarried couple in the State of California. One year later, the Supreme Court ofthe State of California voted to uphold Proposition 8. After many legalchallenges, the Supreme Court of the State of California agreed to hear thecase, ruling that it was constitutional to exclude factions from the equalprotection clause. Thereafter in 2013, the Ninth Circuit Court of Appealsoverturned the lower court’s ruling. This created uproar as the equalprotection clause is meant to protect minority factions from the determinationof the majority faction.
In the year 2015, the Supreme Court of the UnitedStates ruled in the case of Obergefell v. Hodges that under the precepts of the fourteenthamendment, same-sex couples couldn’t be discriminated against when they applyfor marriage licenses. The Supreme Courtof the United States also found that the equal protection clause and the dueprocess clause prohibited exclusions against minority factions. This would haverendered Proposition 8 illegal had the Ninth Circuit not overturned the lowercourt’s ruling.