The ballot measure repeals Proposition 8, which California voters approved in 2008 to define marriage as between a man and a woman in the state's constitution, stripping same-sex couples of the legal right to marry.
SCOTUS doesn’t write legislation, they interpret the Constitution to rule on existing cases. They couldn’t criminalize gay being gay on their own. If a new case on gay marriage were brought to SCOTUS, the most they could do is overturn US v. Windsor, removing federally recognized gay marriage and federally protected gay marriage benefits.
Congress, however, could potentially criminalize being gay with legislation, unless vetoed by the President or challenged during SCOTUS’s judicial review.
SCOTUS doesn’t write legislation, they interpret the Constitution to rule on existing cases. They couldn’t criminalize gay being gay on their own. If a new case on gay marriage were brought to SCOTUS, the most they could do is overturn US v. Windsor, removing federally recognized gay marriage and federally protected gay marriage benefits.
Congress, however, could potentially criminalize being gay with legislation, unless vetoed by the President or challenged during SCOTUS’s judicial review.
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