California high court upholds Prop 8, vote of the people

The California Supreme Court decided today to uphold Proposition 8, the amendment to the California constitution which passed by a majority stating that marriage is reserved for a man and woman.

The decision on allowing gay marriages to remain outlawed stands, however, somewhat of a split was delivered which allows gay couples who were previously “married” to remain so. Given the history of the California Supreme Court, this is a win for the traditional marriage supporters.

The AP reports:

SAN FRANCISCO (AP) – The California Supreme Court has upheld a voter-approved ban on same-sex marriage, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.

The decision Tuesday rejected an argument by gay rights activists that the ban revised the California constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval.

The announcement of the decision caused outcry among a sea of demonstrators who had gathered in front of the San Francisco courthouse awaiting the ruling.

Proposition 8 superseded the Supreme Court’s May 2008 ruling that legalized same-sex unions by changing the state constitution to outlaw them. In that 4-3 decision, the court majority invalidated California’s marriage statutes, holding that denying same-sex couples the right to wed amounted to state-sanctioned discrimination.

But based on the skeptical questions raised during oral arguments, legal experts have doubted the same four justices would undermine California’s powerful citizen initiative process by invalidating the new ban.

This is a win for the Democratic process since the voters of California decided on several occasions they wanted marriage reserved for a man and woman. Each of the previous times, their vote has been overridden by liberal activists who do not believe in your right to vote nor do they believe in upholding the legitimate, constitutional will of the people.

  • Wow, this was a shocker to me.

  • Seems weird to vote on a persons right to get married.

    Then again I don’t respect the U.S. laws regarding marriage.

    Marriage is a religious matter not a government matter.

  • Dreadsen

    Well we also have to take in consideration the Tyranny of the majority taking away the rights of a minority.


    Some of those Prop8 commercials were very misleading.

    Just imagine if many of the civil rights back in the 60’s were left up to a majority vote of the population. Where would we be now?

    I think the Gays are stupid for wanting the institution of Marriage. There’s nothing sacred about it. They are giving it away on reality shows and 1 in 2 end up in divorce. A lot of men try to stay with women as long as they can hoping they can avoid marriage. I thought one benefit to being gay was they didn’t have to worry about that. Why would they want to put themselves though this? And lord help us when divorce time comes. Right now all the laws are stacked in the woman’s favor. How does this work with two women married? Who gets all the money and property?

  • Bill Hedges

    “Who gets all the money and property?”

    Judge follows State law ! Not empathy.