Prop 8 upheld 6 to 1 - 18,000 marriages still valid

The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.

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. Left in limbo were about 18,000 couples who got married in California between May and November of last year.

The seven justices could uphold Proposition 8 and also allow the 18,000 marriages to remain valid; they could uphold the same-sex marriage ban and void the marriages; or they could throw out the measure and legalize gay marriage.

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California court upholds gay marriage ban
Existing same-sex marriages to stand
UNION-TRIBUNE

10:00 a.m. May 26, 2009



FILE - In this March 5, 2009 file photo, from left to right, California Supreme Court Justice Joyce Kennard, Chief Justice Ronald George, Justice Marvin Baxter, and Justice Ming Chin, walk into a courtroom in San Francisco before listening to arguments on the constitutionality of the state's voter-approved Proposition 8 that bans gay unions. The court will rule Tuesday, May 26, 2009, on the validity of a voter approved ban on same-sex marriage, a decision that will end months of speculation over whether gay couples can resume marrying in the state. (AP Photo/Paul Sakuma, file) - AP

The California Supreme Court upheld Proposition 8 Tuesday morning, which means the state's ban on same-sex marriage will remain in place.

The court also declined to invalidate about 18,000 same-sex marriages that occurred during a five-month period last year when the marriages were legal.

The justices ruled in a lawsuit that Proposition 8 opponents filed. The opponents had argued that the proposition, which passed with 52 percent of the vote in November, was an improper revision of the state constitution that would have had to be approved by the Legislature before it went to a statewide vote.

Proposition backers said the initiative was an amendment to the state constitution and legislative action was not required.

California Supreme Court upholds same-sex marriage ban; lets stand existing gay unions

By Howard Mintz

Mercury News
Posted: 05/26/2009 10:06:30 AM PDT
Updated: 05/26/2009 10:12:27 AM PDT


People wait in line for a decision from the California State Supreme Court on the legality of a voter-approved ban on same-sex unions, Tuesday, May 26, 2009, in San Francisco. (AP Photo/Paul Sakuma) ( Paul Sakuma )

The California Supreme Court today upheld Proposition 8, the voter-approved law restoring a ban on same-sex marriages in the state, but at the same time left intact the more than 18,000 marriages for gay and lesbian couples who wed last year before the ballot measure went into effect.

The Supreme Court's decision puts California in unusual territory for the time being, establishing a two-tiered system of marriage across the state for same-sex couples. Under the ruling, Proposition 8 will continue to outlaw same-sex marriage in the future, but those gay and lesbian couples who got their marriage licenses before last November's election will remain on equal legal footing with heterosexual couples.

The decision to uphold Prop 8 was widely expected by legal experts, as it was considered unlikely the justices would have the legal authority to overturn a voter-approved amendment to the California constitution.

The ruling is likely to shift the battleground over gay marriage back to the political arena, as gay rights advocates already are mobilizing to push another ballot measure to erase Prop 8, approved by voters by a 52 to 48 percent margin.

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