1.

Political dynasty
What is a political dynasty? A common meaning is the repeated election and reelection of close relatives with the same surname to offices in the local and national governments. The relatives appear to enjoy a monopoly of political power to the disadvantage of rival leaders. In this sense we can cite many provinces and cities with political dynasties. Political dynasty members are seen to use their superior wealth, following and access to public resources to favor themselves. They attract their followers and keep them loyal with patronage. Some of them even resort to unfair if not illegal means to keep their political rivals out of office: corruption, fraud, violence, vote-buying and intimidation. But other political dynasties do not. So we have “bad political dynasties” and “benevolent political dynasties.” Over a century For example, in one province, La Union, the Ortega clan has survived for over a century, or since the beginning of elections under American colonial rule. So there is some reference to an Ortega “political dynasty.” However, apparently, many people in La Union do not trace the exceptional political supremacy of the Ortega clan to the negative factors we have mentioned. In this sense we can speak of a benevolent and respected Ortega “political dynasty.” In general, however, political dynasties rise and fall. A political dynasty can be challenged and defeated, then rise again; or fade away when the people are dissatisfied and turn to other leaders. For a long time, the Osmeñas and the Cuencos dominated politics in Cebu. Now, the Garcias, Duranos and other families are dominant. In other places politics is keenly competitive and unpredictable, and there is a turnover of ruling families. Dynasties in Senate The issue of political dynasties has heated up in relation to the 2013 candidates for the Senate who come from one and the same family or clan and thus bear the same surname as another senator, or President Aquino himself. In this sense, loud public criticism and some cynicism greeted the announcement of senatorial candidates for the 2013 elections. One set belongs to the majority coalition: Bam Aquino, the President’s cousin; Sen. Alan Peter, brother of Sen. Pia Cayetano, succeeding himself; Rep. Juan Edgardo Angara Jr. succeeding his father, Sen. Edgardo Angara, who is reaching his term limit and running to succeed his sister as governor of Aurora province; former Las Piñas Rep. Cynthia Villar, wife of outgoing Sen. Manuel Villar; former senator Ramon “Jun” Magsaysay, only son of the late and beloved President Ramon Magsaysay (1953-57); and Sen. Aquilino “Koko” Pimentel III, son of former Sen. Aquilino Pimentel Jr. Under the banner of the United Nationalist Alliance, led by Vice President Jejomar Binay, the senatorial candidates include his eldest daughter, Nancy; Rep. Juan Ponce Enrile Jr. who would be joining his father, the Senate President; Rep. J.V. Ejercito who would join his brother, Sen. Jinggoy Estrada. Prohibited but not defined Certainly, the framers of our 1987 Constitution recognized the importance of maintaining a level playing field in political competition as expressed in the following provision: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” (Art. II. Sec. 26) Unfortunately, the framers left it entirely to Congress, many of whose members belong to political dynasties, to define political dynasties and prohibit them. The Commission on Elections (Comelec) can say that it has no clear basis to enforce the constitutional prohibition since the Constitution does not define political dynasties and Congress has not passed the implementing legislation on the subject. If the framers had been more serious and discerning, they could have prohibited political dynasties effectively by a forthright constitutional prohibition such as this: “No outgoing elected official shall be succeeded to the same office by any person related to him/her to the third degree of consanguinity or affinity.” This would prohibit the spouse, brother or sister, or in-laws, children, or first cousins of the outgoing elected official to succeed him/her in the same office. Lack of implementing legislation would not prevent the enforcement of the specific constitutional prohibition. Indeed, the prohibition would make it mandatory for Congress to pass the implementing law. Or the courts would make the decision in a litigation and direct its implementation. The Comelec would be obligated to enforce the court’s decision. Test case in SC Businessman Luis Biraogo has asked the Supreme Court to enforce the constitutional ban on political dynasties in the 2013 elections. He alleges that the current batch of candidates is “the best testament to that political and constitutional mockery.” He cites not only the political dynasties in the Senate but also the Belmontes, Pacquiaos and Jalosjoses. Biraogo asserts that the Comelec is vested with implied powers to make a definition of political dynasties and the “ministerial duty” to prohibit them. He argues that political dynasties are prohibited by the Constitution because they are inherently bad; it does not matter whether they are reform-oriented, or known for public service like Bam Aquino and the Vice President.

with regular dues paying members who continually engage the voters in discussing local and national issues and problems affecting them. and personalized parties plagued by misuse of power. and gradually our political dynasties.Symptom of problems The rapid expansion of our electorate. Again. fighting corruption and developing the country cannot depend on our President’s charisma alone. A similar court decision in Alaska in 1998 led to an even stronger constitutional amendment. competitive. functional institutions and a critical mass of transforming leaders gradually replacing our political dynasties. pork barrel politics and influence peddling. this kind of political parties will help build an alternative to our traditional political parties which are loose and opportunistic alliances of politicians and political dynasties. In contrast. presidential form of government and unitary system of national-local government relations. Our continuing semifeudal society and premodern political culture shape our dysfunctional elections.” To be sustainable. although middle class members are becoming more assertive and our media are vigilant. civil society and media to begin to change the political system. In time. We cannot begin to change our political system that breeds these ills without basic structural and institutional reforms. We need inclusive economic growth. The cost of elections is rising in all democracies. and program of governance and reform. Challenge to P-Noy We do need a transforming President to unite our legislators. however well-meaning and popular and trusted he is. In further reaction to the Hawaii case. we cannot develop our economy to make it more productive. we need good democratic governance that will enable us in the long run to “build a just and humane society. the members own the political party and are not beholden to wealthy patrons. insecure and dependent voters. In this way. These require dynamic. consisting of more and more poor people. equitable and inclusive in its growth and benefits. political parties. the state supports the political parties through subsidies. corruption and wastage of state resources. and increasing political competition have increased the cost of campaigning and incumbency for the political leaders acting as patrons of their constituents. our middle class is not as broad and deep and effective as a countervailing force to the political establishment. and of our rapid population growth and continuing underdevelopment. itself defining marriage as between one man and one woman. and who choose their own leaders and candidates for public office. Without these various reforms. In a word. local government leaders. the federal Defense of Marriage Act (1996) provided that no state would be required to recognize a same-sex marriage . Moreover. We cannot control the excessive growth of our population and upgrade our environment. In response to this decision the state constitution was amended to allow the legislature to preserve that restriction. This is the true challenge to leaders who say they are committed to change. These conditions put great pressure on our politicians to use their power and influence to raise funds for their political survival often through rent-seeking or private use of power. Accountable politics Political dynasties are thus the cause and consequence of our ineffective and unaccountable patron-client democracy.” Same sex marriage INTRODUCTION The movement to open civil marriage to same-sex couples achieved its first temporary success in 1993 with the decision of the Hawaii Supreme Court that the restriction of marriage to opposite-sex couples would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest. except that in the industrialized democracies where many middle class citizens contribute to the campaign of their party candidates. population control and a sustainable environment. as we critics and Charter change advocates keep saying and writing about. We need to organize nationwide and democratic political parties based on a defined ideology. many of our voters are poor dependents of their political patrons. This is the real direction of “daang matuwid (straight path).

from another state. and also defined marriage for federal-law purposes as oppositesex. in Norway and Sweden effective in 2009. and the District of Columbia by legislation. Same-sex marriage was also legalized in Spain in 2005 . and in Vermont. Connecticut adopted a similar civil union law in 2005. the Netherlands became the first country to open civil marriage to same-sex couples. Court of Appeals for the Ninth Circuit in February 2012. likewise in Maryland in 2007. In California. In November 2003. 2004 Massachusetts became the first state in the United States where same-sex marriage per se is legal. eleven more U. and on May 17. the Massachusetts Supreme Judicial Court held that excluding same-sex couples from the benefits of civil marriage violated the state constitution. the New Jersey Supreme Court held that same-sex couples were entitled to the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. In 2002 through 2004." (In November 2004. in South Africa in 2006.S. and in 2005 federal legislation extended same-sex marriage to all of Canada. The Legislature complied with that decision by enacting a civil union act in December 2006. but that initiative was held unconstitutional by the U. and in Portugal. In May 2008. and in February 2004 that court further held that a "civil union" law would not be sufficient. opposite-sex definitions of marriage were upheld by the highest courts of both New York and Washington. In 2001. Iceland. Belgium became the second in 2003. after that state's Supreme Court held in 1999 that the state must extend to same. the legislature in 2000 created the status of "civil union" to fulfill that mandate. California became the second state to legalize same-sex marriage when the California Supreme Court held that laws restricting marriage to opposite-sex couples were unconstitutional. The majority of the states also passed their own "marriage protection acts. and Argentina effective in 2010. the Supreme Court decision was overturned by voter initiative in the November 2008 election. courts in six Canadian provinces held that the opposite-sex definition of marriage was contrary to Canada's Charter of Rights. same-sex marriage was legalized in Iowa by decision of its Supreme Court. New . In October 2006.S. New Hampshire. Connecticut followed suit in October 2008.) In Vermont. In 2009.sex couples the same benefits that married couples receive. In July 2006. states amended their constitutions to prohibit same-sex marriage.

Mexico. or have passed at least one legislative house in Andorra. Studies conducted in several countries indicate that support for the legalization of same-sex marriage increases with higher levels of education and that support is strong among younger people. Legal recognition of same-sex marriage is sometimes [1][2][3][4][5][6] referred to as marriage equality. etc. for example: Quakers. the Metropolitan Community Church. the United Church of Canada. Various religious groups around the world conduct same-sex marriage ceremonies. also known as gay marriage or equal marriage. Taiwan.Colombia. socioeconomic statuses. are pending. Spain. The states of Maryland and Washington legalized same-sex marriage by statute in 2012. particularly by supporters. The recognition of same-sex marriage is a political. [ religions. and the United States). These were usually reported in a critical or satirical manner. or be denied recognition of such rights. New Zealand. and Uruguay as well as in the legislatures of several sub-national jurisdictions (in Scotlandas well as parts of Australia.Mexico and the United States) allow same-sex couples to marry. Norway. HISTORY ANCIENT An example of egalitarian male domestic partnership from the early Zhou Dynasty period of China is recorded in the story of Pan Zhang & Wang Zhongxian. Introduction of same-sex marriage has varied by jurisdiction. ethnicities. civil-rights and religious issue in many nations. Luxembourg. .Portugal. Same-sex marriages can be performed in a secular civil ceremony or in a religious setting. Finland. Germany. France. Druids. Iceland. Belgium. and was compared to heterosexual marriage. While the relationship was clearly approved by the wider community. the United Church of Christ. political affiliations. Canada. Wikipedia Same-sex marriage. Allowing same-gender couples to legally marry is considered to be one of the most important of all LGBT rights. Wiccans. South Africa. Sweden) and several sub-national jurisdictions (parts of Brazil. polls show that there is rising support for same-sex marriage globally across all races. Nepal. and debates continue to arise over whether same-sex couples should be allowed marriage. Denmark. a court ruling based on constitutional guarantees of equality.Episcopalians. ages. Bills legalizing same-sex marriage have been proposed. or by direct popular vote (via a ballot initiative or a referendum). Reform and Conservative Jews.York's Marriage Equality Act was enacted in June 2011. be required to hold a different status (a civil union). The first historical mention of the performance of same-sex marriages occurred during the earlyRoman [74] [75] Empire. being variously accomplished through a legislative change to marriage laws. it did not involve a religious ceremony [73] binding the couple. Netherlands. Additionally. is marriage between two persons of the same biological sex or gender identity. social. Since 2001. the United Kingdom. Unitarian Universalists and Native American religions with a two-spirit tradition. eleven countries (Argentina.

The historic documents about the church wedding were found at Monastery of San Salvador de [85] Celanova. Sweden (2009). Pythagoras. same-sex . Canada (2005). South [88] Africa (2006).Portugal (2010). some 250 million people (4% of the world population) lived in areas that recognize and perform same-sex [91] marriages. They were married by a priest at a small chapel. In the United States. Furthermore. He also married an athlete named Zoticus in a lavish public ceremony in Rome amidst the [79][80] rejoicings of the citizens. and later as a groom Nero married a young boy. South Africa. in matrimonium ducere. Nine states in the United States. so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart. and Sweden. In 342 AD Christian emperorsConstantius II and Constans issued a law in the Theodosian Code (C. beginning with Massachusetts in 2004 and Connecticut in 2008. "matrimonium is an institution involving a mother. Iceland. As of 2010.The first Roman emperor to have married a man was Nero. Belgium. there is a consensus among modern historians that same-sex relationships existed in ancient Rome. In Mexico. [86] Current status Main articles: Status of same-sex marriage and Same-sex marriage legislation around the world Legal recognition Same-sex marriage is legally recognized nationwide in Argentina." Still. Iceland (2010). named Sporus in a very public ceremony with all the solemnities of matrimony. Th. Denmark. who resembled one of his [76] concubines. 9.3) prohibiting same-sex marriage in Rome and ordering execution for those so [84] married. Spain. First with one of his freedman. however. so that he may have children by her. from the arbitrary will of the emperor in the two aforementioned cases)." The marriage was celebrated [77] separately in both Greece and Rome in extravagant public ceremonies.Portugal. same-sex marriage is recognized in all 31 states but only performed in Mexico City and in Quintana Roo State. the Netherlands. but the exact frequency and nature of "same-sex unions" during that period is [83] obscure.7. Argentina (2010) and Denmark (2012). the Netherlands became the first nation in the world to grant same-sex marriages. as his [78] husband. It should be noted. their recognition has been judicially mandated but not [89] yet legislated. [81] presumably. Modern In 2001. A friend gave the "bride" away "as required by law. the lack of legal validity notwithstanding. A same-sex marriage between the two men Pedro Díaz and Muño Vandilaz in the Galician municipality of Rairiz de Veiga in Spain occurred on 16 April 1061. In Nepal. Norway (2009). Norway. Same-sex marriages are also granted and mutually recognized [87] by Belgium (2003). Emperor Elagabalus referred to his chariot driver. and lived with him as his spouse. a blond slave from Caria named Hierocles. who is reported to have married two other men on different occasions. that conubium existed only between a civis Romanus and a civis Romana (that is. to whom Nero took the role of the bride. The idea implicit in the word is that a man takes [82] a woman in marriage. Spain (2005). mater. between a male Roman citizen and a female Roman citizen). as well as the District of Columbia permit same sex [90] marriage. Canada.

Israel does not recognize same-sex marriages performed on its territory. but recognizes same-sex marriages performed in foreign jurisdictions. that marriage is recognized in all the national territory Argentina Main article: Same-sex marriage in Argentina On 15 July 2010. the Court of Bahia legalized same-sex marriage in the state [97][98] [99] of Bahia. In December 2012. It was supported by the Government of President Cristina Fernández de Kirchner and opposed by the [94] Catholic Church. Polls showed that nearly 70% of Argentines supported giving gay people the same [95] marital rights as heterosexuals. though same-sex couples can marry in nine of the fifty states and one district. same-sex marriage ceremonies performed in Ontario on 14 January 2001 were subsequently validated when the common law. Similar rulings had legalized same-sex marriage in eight provinces and one territory when the 2005 Civil Marriage Act defined marriage throughout Canada as "the lawful union of two persons to the exclusion of all others. the Argentine Senate approved a bill extending marriage rights to same-sex couples.Halpern v. In November 2012. Originally. however legislation enacted in October 2004 permits any couple to marry if at least one of the spouses has lived in the country for a minimum of three months. A 2006 law enabled legal adoption by same-sex spouses." Denmark Main article: Same-sex marriage in Denmark . but these marriages are recognized by all Mexican states and by the Mexican federal [92] government. In the first such case. If approved. Brazil Main article: Same-sex marriage in Brazil Brazil's Supreme Court ruled in May 2011 that same-sex couples are legally entitled to civil unions. same-sex marriages are only performed in Mexico City andQuintana Roo. Canada Legal recognition of same-sex marriage in Canada followed a series of constitutional challenges based on the equality provisions of the Canadian Charter of Rights and Freedoms. with the coming into force of a bill passed by the Belgian Federal Parliament. If approved. Belgium Main article: Same-sex marriage in Belgium Belgium became the second country in the world to legally recognize same-sex marriages on 1 June 2003. that marriage is recognized in all [93] the national territory. opposite-sex definition of marriage was held to be unconstitutional. In Mexico. Same-sex couples had their civil unions converted into marriage in several Brazil states with the approval of a state judge.marriages are not recognized federally. Canada (Attorney General). Same-sex couples had their civil unions converted into marriage in several Brazil states with the approval of a state judge. [96] stopping short of same-sex marriage. Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions. the state of São Paulo legalized same-sex marriage.

A same-sex marriage bill passed the House of Representatives and the Senatein 2000. Netherlands Main article: Same-sex marriage in the Netherlands The Netherlands was the first country to extend marriage laws to include same-sex couples. A bill to legalize same-sex and interfaith civil marriages was defeated in the [106] Knesset 39-11. The [100] bills received Royal Assent on 12 June and took effect on 15 June 2012. Israel Main article: Same-sex marriage in Israel Israel's High Court of Justice ruled to honor same-sex marriages granted in other countries even though Israel does not recognize such marriages performed under its own jurisdiction. replacing an earlier system of registered partnerships for same-sex [103][104] couples. on 16 May 2012. On 10 August 2010. the first two same-sex marriages occurred in Quintana Roo after it was [109] discovered that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage. taking effect on 1 April [112] 2001.On 7 June 2012. the Federal District's Legislative Assembly legalized same-sex marriages and adoption by same-sex couples. the Folketing (Danish parliament) approved new laws regarding same-sex civil and religious marriage. the Mexican Supreme Courtruled that while not every state must [108] grant same-sex marriages. following the recommendation of a special commission appointed to investigate the issue in 1995. Mexico Main articles: Same-sex marriage in Mexico City and Same-sex marriage in Quintana Roo On 21 December 2009. but these [110] marriages were later annulled by the governor of Quintana Roo in April 2012. In May 2012. On 28 November 2011. Denmark was previously the first country in the world to legally recognize same-sex couples through registered partnerships in [101][102] 1989. . and took effect on 27 June 2010. The legislation was passed unanimously by the Icelandic Althing on 11 June 2010. Iceland Main article: Same-sex marriage in Iceland Same-sex marriage was introduced in Iceland through legislation establishing a gender-neutral definition of marriage introduced by the coalition government of the Social Democratic Alliance and Left-Green Movement. they must all recognize those performed where they are legal. the Secretary of State of Quintana Roo reversed the annulments and allowed for future same-sex marriages [111] to be performed in the state. The law was enacted eight days later and became effective in early [107] March 2010. These laws permit same-sex couples to get married in the Church of Denmark. but the Knesset has not advanced the bill since December 2006. A bill was raised in the Knesset (parliament) to rescind the High Court's ruling. Prime Minister Jóhanna Sigurðardóttir and her partner were among first married same-sex [105] couples in the country.

Sint Eustatius and Saba. The Caribbean countries Aruba. thus Portugal became the eighth country to conduct nationwide same-sex marriage. Sweden Main article: Same-sex marriage in Sweden . the parliament approved. led by President José Luis Rodríguez Zapatero. composed of the Senate and the Congress of Deputies) on 30 June 2005 and published on 2 July 2005. Gender neutral marriage replaced Norway's previous system of registered partnerships for same-sex couples. The court gaveParliament one year to rectify the inequality. a law permitting same-sex marriage was passed by the Cortes Generales(Spain's bicameral parliament. The Civil Union Act was passed by the National Assembly on 14 November 2006. do not perform same-sex marriages. 97 against and 7 abstentions. 3 July 2005. making it the third country in the world to do so. including the right of adoption by same-sex couples. and it came into force on 30 November 2006. forming the remainder of the Kingdom of the Netherlands.In the Netherlands' Caribbean special municipalities of Bonaire. Same-sex [118] marriage became legal in Spain on Sunday. The President promulgated the law on 8 April. South Africa is the fifth country. same-sex marriage. the nation's newly elected Socialist government. with 126 votes in favor. Norway became the first Scandinavian country and the sixth country in the world to legalize same-sex marriage. No new registered partnerships may be created. Portugal Main article: Same-sex marriage in Portugal On 8 January 2010. however. a law enabling same-sex couples to marry has [114] been passed and is planned to come into effect by 10 October 2012. Spain Main article: Same-sex marriage in Spain Same-sex marriage has been legal in Spain since 3 July 2005. In 2004. marriage is [113] presently restricted to heterosexual couples. After much debate. The court ruled on 1 December 2005 that the existing marriage laws violated the equality clause of theBill of Rights because they discriminated on the basis of sexual orientation. and the second outside Europe. but must recognize those performed in the Netherlands proper. by a vote of 230 to 41. Couples in registered partnerships are able to retain that status or convert their registered partnership to a marriage. the first in Africa. South Africa Legal recognition of same-sex marriages in South Africa came about as a result of theConstitutional Court's decision in the case of Minister of Home Affairs v Fourie. after the Netherlands and Belgium. same-sex marriage become legal since 5 June 2010. Curaçao and Sint Maarten. Norway Main article: Same-sex marriage in Norway Same-sex marriage became legal in Norway on 1 January 2009 when a gender neutral marriage bill was [115][116] enacted after being passed by the Norwegian legislature in June 2008. began a campaign for its [117] legalization. to legalize same-sex marriage.

making Sweden the seventh country in the world to open marriage to same sex couples nationwide. was overturned on appeal by the U. eight federal courts have found that DOMA violates the U. Maryland.. New Hampshire.S. concluded that encouraging procreation within the framework of marriage can be seen as a legitimate government interest furthered by limiting marriage to [126] between opposite-sex couples. House of Representatives. Iowa. Subsequently. Thirty-one states have constitutional restrictions limiting marriage to one [124] man and one woman. In 2011. including Windsor. do not violate the Constitution of the United States. The law firm hired to represent the House soon withdrew from defending the law. the 2nd Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi-suspect classification. and called the state constitutional bans on same-sex marriage [137] [138] in California(2008) and North Carolina (2012) unnecessary. Currently. Also. Schwarzenegger that evidence did not show any historical purpose for excluding same-sex couples from marriage..S. [128][129][130] public employee benefits. as states have never [127] required spouses to have an ability or willingness to procreate in order to marry. but recognize same-sex marriages performed in other jurisdictions. also in 2006. the U. In the past two decades.S. President Barack Obama announced on 9 May 2012 that he supports same-sex marriage. same-sex couples can legally marry in nine states (Connecticut.S.S. and polls indicate that more than half of Americans support same-sex [134][135] . Striking down Section 3 of DOMA [131] inWindsor v. and determined that laws that classify people on [132] such basis should be subject to intermediate scrutiny. Congress passed the Defense of Marriage Act (DOMA) in 1996. particularly those established when the state briefly allowed same-sex marriage in 2008. Marriage replaced Sweden's registered partnerships for same-sex couples. Bruning (2005). requiring the House to retain [140] replacement counsel. as does California in some cases. Citizens for Equal Protection v. New York. US Although same-sex marriages are not recognized federally in the United States. public support for same-sex marriage has steadily [56] increased. Washington) and the District of Columbiaand receive state-level [121][122] benefits. estate taxes. Constitution in issues including bankruptcy. Eighth Circuit Court of Appeals in 2006. four other cases. Obama [136] also supports the full repeal of DOMA. In 2010. announced that the House would defend DOMA. the Obama Administration concluded that DOMA was unconstitutional and directed theU.S. Since then. several states offer civil unions or domestic partnerships. The U. Supreme Court. and allowing states to refuse [125] to recognize such marriages created in other states. United States (2012). [133] are awaiting a response for review in the U. gender-neutral law on marriage by theSwedish parliament on 1 April 2009. District Court for Northern California ruled in Perry v.Same-sex marriage in Sweden has been legal since 1 May 2009. which ruled that "laws limiting the staterecognized institution of marriage to heterosexual couples . Republican majority leader in theU. granting all or part of the state-level rights and [123] responsibilities of marriage. Eric Cantor.S. Existing registered partnerships between same-sex couples remained in force with an option to convert them into marriages. The states of New Jersey and Rhode Island do not grant same-sex marriages. and immigration.Vermont. Massachusetts. Justice [139] Department (DOJ) to stop defending the law in court. defining marriage for the first time solely as a union between a man and a woman for all federal purposes." The Washington Supreme Court. holding that prohibiting recognition of same-sex relationships violated the Constitution. Maine. following the adoption of a new.

the U. Supreme Court. This is because in August 2010. Proposition 8 proponents then appealed to the U. Maryland and Washington approved same-sex marriage by referendum [72] on 6 November 2012.S.marriage. [56][67][68] . Supreme Court announced it will rule on the federal lawsuit that seeks to overturn California's ban on same-sex marriage. That ruling was appealed and later upheld by a federal appeals court in February 2012. Voters in Maine. same-sex couples in California are still not allowed to legally marry until the Proposition 8 federal lawsuit is resolved. As of now. District Judge Vaughn Walker. In December 2012.S.S. Proposition 8 was found unconstitutional by U.