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Proposition 8 superseded the Supreme Court’s May 2008 ruling that legalized same-sex unions by changing the state constitution to outlaw them.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.