In August, Judge Vaughn R. Walker overturned Proposition 8, a California law passed in 2008 banning same-sex marriage, because it discriminated against same-sex couples.
The case is in federal court, where it will be analyzed by a three-judge panel. Depending on their decision, it could go to the Supreme Court — if the Supreme Court decides to take the case.
Charlene L. Smith, J.D., professor of law at the Shepard Broad Law Center, said that the Supreme Court may not hear the case because the justices may decide it’s too controversial.
“They may not want to touch it — like a ‘hot potato,’” she said.
Smith said that although Florida does not recognize same-sex marriage, if the Supreme Court rules on it, all states would have to recognize the decision. However, if the Supreme Court decides it is unconstitutional to ban same-sex marriage, states would not be obligated to allow it.
Smith said that married couples have 1,001 rights, varying from tax cuts to the privilege of seeing their spouses in the hospital.
Daynara Llompart, first year psychology graduate student, said there is more to the issue than just civil rights.
“They want to get married for the same reason straight people want to get married. They love each other and want to show their commitment,” she said.
According to a recent CNN poll, 50 percent of Americans favor same-sex marriage in 22 states. The results of the poll indicate the highest percentages yet in favor of same-sex marriage. This percentage is even higher among people under the age of 50, with 58 percent supporting same-sex unions. However, 60 percent of Floridians oppose it.
Smith said, “Florida is a weird combination state. There are very liberal people and very conservative people.”
Some students said it should be up to the people to decide.
“If people have a strong opinion, they should do something about it. It is up to the people to overturn it,” said Vanessa Perez, freshman biology major.
Smith said that she does not expect that a final decision will be made until 2012.
