Federal Appeals Panel Overturns Prop. 8
On February 7th, 2012, a federal appeals panel in San Francisco, California ruled that Proposition 8, passed by 52% of the vote in 2008, is unconstitutional.
According to U.S. Circuit Judge Stephen Reinhardt, considered to be among the most liberal appellate judges, “Proposition 8 serves no purpose and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”
Instead of dismantling the same-sex marriage ban in a general sense, the court took a more narrow approach. In short, it did not address the issue of whether the Constitution protects the rights of all same-sex couples to marry. Instead, because same-sex couples had the right to marry for a brief time in California, a proposition cannot take that away.
If a minority group possesses a right, the people of a state do not possess the Constitutional power to “use their initiative power to target a minority group and withdraw a right that it possessed,” wrote Reinhardt.
“Without a legitimate reason for doing so, the people of California violated the Equal Protection Clause” of the federal Constitution, Reinhardt wrote.
“The Constitution simply does not allow for laws of this sort,” the Court maintained.
Decision: 2-1
- Judge Stephen Reinhardt, a Jimmy Carter appointee, held that the law was unconstitutional.
- Judge Michael Daly Hawkins, appointed by President Bill Clinton, concurred with Reinhardt.
- Judge N. Randy Smith, a conservative appointed by President George W. Bush, dissented.

Jeffrey A. Andrews, was elected to serve a three-year term (2011 – 2013) on the Alamance County Area Chamber of Commerce Board of Directors.