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.Expect that battle in 2010 to get very ugly, especially if the behavior of the losers since last November is any indication.
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 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.
This ruling cannot be appealed to the U.S. Supreme Court.
Perfect excuse for a Carrie Prejean photo.
Heh: Freaky Boy calls it institutionalized discrimination. I guess this makes the California Supreme Court a bunch of homophobes.
Update: Some thoughts from Ed Morrissey.
Confirming the marriages also appears to be the correct decision. When the couples got their licenses and had the ceremonies performed, the law in the state (as dictated by the court) allowed for those marriages. Proposition 8 changed the law, but it cannot apply ex post facto. Since those licenses were valid and backed by the state at the time they were issued, the court had little choice but to approve them — and their unanimous judgment speaks to the common sense conclusion.Michelle Malkin wonders if the mob will be able to control themselves.
However, that does set up an interesting point for a federal appeal. If the plaintiffs in this case argue against this dichotomy on an equal-protection basis, a federal court might find that intriguing enough to consider. Even if that doesn’t work, the plaintiffs plan on a new referendum that will reverse Proposition 8. Something tells me that this will be a more or less permanent feature on California’s ballots for the foreseeable future.
I doubt it.
Some advocacy journalism from the San Francisco Chronicle.
For those not in San Francisco or LA to celebrate/mourn Tuesday's Prop 8 ruling, the progressive techies over at CREDO Mobile offer a way to find the nearest pro-same sex marriage rally by using SMS.Rather than mourning, how about acting like adults?
Nice comment from something called sfprogressive.
sfprogressive5/26/2009 10:35:38 AMWhy would the Republicans do that when it was the black vote that ensured passage of Prop 8?
The Republicans are probably planning to make people of color against the law next. We need to pass a law that makes all churches and the Republicans "hate groups" and put them in jail so they can't vote in 2010 when SSM is back on the ballot.
Comments like this are sure to win over opponents of gay marriage.
ted25/26/2009 10:27:22 AMDo these nitwits even realize the Taliban would behead them for being gay?
Way to go Christian Taliban! Whoo-Hoo! They'll be swilling dem sum communion wine tonight.
Well, it looks like the mob is ready for battle.
secede2succeed5/26/2009 10:26:30 AMGuess some aren't taking this well. And another:
Prop 8 will be made invalid. This IS going to happen, WHETHER YOU LIKE IT OR NOT!
harostrait5/26/2009 11:18:37 AMJust killing their cause.
"I'm feeling my resentment for the Mormons and Catholic Church rising again."
Do something about it. Take some action tonight, be it legal or not.
Update: Some responsible thoughts from GayPatriot. A shame the media runs to the militant, angry gays for comment instead of those in the gay community who act like adults.
Linked at Michelle Malkin. Thanks!
Thanks also to Legal Insurrection for the link.