California – State Supreme Court upholds Prop. 8; Remains Banned

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    California – The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage.

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    The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists said they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.

    By a 52-48 margin, voters approved the measure reinstating a ban on same-sex marriage after the state Supreme Court, in a landmark ruling last May, approved such marriages.

    The case for overturning the initiative was widely viewed as a long shot. Gay rights lawyers had no solid legal precedent on their side, and some of the court’s earlier holdings on constitutional revisions mildly undercut their arguments.

    But gay marriage advocates captured a wide array of support in the case, with civil rights groups, legal scholars and even some churches urging the court to overturn the measure. Supporters of the measure included many churches and religious organizations.

    The legal fight over same-sex marriage in California began in San Francisco in 2004, when Mayor Gavin Newsom spurned state law, and the city began issuing marriage licenses to gay couples. Long lines of couples showed up to marry and celebrated within view of the court with rice and champagne.

    Those marriages sparked a national debate about gay rights and made the marriage question a political issue in an election year. Dozens of states later adopted constitutional amendments to bar same-sex marriage.

    Those gay couples who wed in San Francisco later had their marriages rescinded by the California Supreme Court, which ruled that a city could not single-handedly flout state law. But the court said supporters of marriage rights could challenge the ban in the lower courts.

    The legal fight moved to San Francisco Superior Court, where a judge struck down the marriage ban as unconstitutional. A Court of Appeal in San Francisco later overturned that decision on a 2-1 vote. The state high court eventually took up the case, which culminated in a May 15 ruling last year declaring gays could marry each other.

    Before last fall, California was one of only two states — the other was Massachusetts — to permit same-sex marriage.

    Iowa, Connecticut, Vermont and Maine have since legalized it, and lawmakers in New York, New Jersey and New Hampshire are considering bills of their own.

    The California Supreme Court is the only state high court in the nation to have elevated sexual orientation to the status of race and gender in weighing discrimination claims.


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    65 Comments
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    Gefilte Fish
    Gefilte Fish
    14 years ago

    THE PEOPLE HAVE SPOKEN !!! in any place where it was up to the public vote, the pro gays were in the minority.

    Anonymous
    Anonymous
    14 years ago

    Why should this be up to the states? Can the supreme court figure out a way to make it illegal nationally? Even if many states probit it, they might be forced to recognize gay marriages performed in other states.

    kj boy
    kj boy
    14 years ago

    Wow! It is moshiach’s time but calf fonia ?? Of all a liberal state how is that possible however I’m proud that their is still normal people somewhere. Hey give it just a little while ny is next to allow gays to have the same right as married couples. They can have rights just like any other single person but not like married people

    Anonymous
    Anonymous
    14 years ago

    New York City Comptroller William C. Thompson, Jr. announced on Tuesday that same-sex marriage could inject as much as $210 million into the state’s economy in the three years immediately following its legalization.

    PMO
    PMO
    14 years ago

    Before you get all excited… Realize that many liberals did not come out to vote because they were so certain that Obama would win and that gay marriage would pass with flying colors. In a mid-term election year, it should be assumed that gay marriage will be leaglized in the state of CA.

    #2 – The United States has always left the issue of marriage up to the individual states. Things like marriage requirements (including age, etc) are not universal throughout the country. While I like the idea of a minimum Federal standard for the definition of marriage, it is not in line with the tradition of this country, and would take certain rights of determination away from the states which I am always opposed to.

    CA blogger
    CA blogger
    14 years ago

    this is only temporary because these animals will fight to vote on same gender marriage again and of course eventually it will pass. they will get there way and destroy this county like they do with other things.

    Anonymous
    Anonymous
    14 years ago

    Why should this be up to the states? Can the supreme court figure out a way to make it illegal nationally? Even if many states probit it, they might be forced to recognize gay marriages performed in other states.

    Anonymous
    Anonymous
    14 years ago

    Personally i dont care whether they want to call themselves married. Let them. i do not think the state should sanction it by legalizing it. Where would it end. What if 3 people decided to get married. Or a person and a goat.

    ok
    ok
    14 years ago

    let them legalize gay marriage, let them legalize marijuana..i cant wait to see what they legalize next!!! (sarcasm)

    Anonymous
    Anonymous
    14 years ago

    Why should this be up to the states? Can the supreme court figure out a way to make it illegal nationally? Even if many states probit it, they might be forced to recognize gay marriages performed in other states.

    Anonymous
    Anonymous
    14 years ago

    If a Jew is hungry and will only allow himself to eat ham, as he gets hungrier his desire for ham may become too strong and he won’t be able to stop himself from eating it. If he allows himself to eat kosher food though, then his hunger will diminish, and he will be able to resist his craving for ham.

    Anonymous
    Anonymous
    14 years ago

    I am not the responding anonymous poster, but I appreciate the comments Milhouse and PMO have left here. Thank you.