Holilingsworth v. Perry is debating the Constitution's 14th amendment and whether equal protection in certain states means marriage is to be between only a man and a woman or if same sex marriage is allowed."The "Prop 8" case, as it has become known, has been down a complicated legal road. California's Supreme Court ruled same-sex marriages were legal in 2008. After the statewide ballot measure banning them passed with 52% of the vote later that year, gay and lesbian marriages were put on hold. Then a federal appeals court in San Francisco in February ruled the measure unconstitutional. In its split decision, the panel found Proposition 8 "works a meaningful harm to gays and lesbians" by denying their right to civil marriage."
Opponents of Prop 8 want a court-ordered expansion of what "traditional" marriage means. Currently there are six states that allow gay marriage. Nine states recognize civil unions or domestic partnership. California is the only state that accepted gay marriage and then revoked it.