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California Supreme Court upholds Proposition 8

The California Supreme Court Tuesday upheld a citizen-enacted ban on "gay marriage," capping one of the most significant victories in the history of the social conservative movement but also setting up what is certain to be an effort by opponents to overturn it, reports Baptist Press.

Proposition 8, as it is known, passed by a margin of 52-48 percent on Election Day, reversing a May 2008 ruling by the high court that had legalized "gay marriage." Prop 8 opponents nearly immediately filed suit, arguing that the amendment amounted to a "revision" of the constitution and should first have been approved by the legislature, which it was not.

But the court in its Tuesday ruling disagreed, and by a 6-1 margin said the citizens had the right to pass the amendment, which states that "only marriage between a man and a woman is valid and recognized in California." In a partial win for homosexual activists the court allowed the 18,000 or so marriages between same-sex couples already in existence on Election Day to stand. Based on oral arguments, both rulings were expected.

"[W]e conclude that the California Constitution cannot be interpreted as restricting the scope of the people's right to amend their Constitution in the manner proposed by petitioners," the majority opinion read.

Just one year earlier, the justices, in a 4-3 decision, legalized "gay marriage."

"Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question," the majority wrote in its latest decision. "It bears emphasis in this regard that our role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values."

California is the first state to legalize "gay marriage" only later to reverse course and rescind the law. Conservatives in Maine hope to follow suit either this year or next when citizens there likely will decide whether to overturn a "gay marriage" law passed by the Democratic legislature and signed by the Democratic governor.

California is one of 30 states to pass a constitutional marriage amendment. Including California's, the 30 amendments have passed by an average margin of 68-32 percent.

"We are very gratified that the California Supreme Court has upheld Proposition 8," Andrew Pugno, an attorney representing ProtectMarriage.com, the group behind the amendment, said in a statement. "This is the culmination of years of hard work to preserve marriage in California. Hundreds of thousands of volunteers worked diligently to uphold the institution of marriage. Twice, voters have decided that marriage in California should be only between a man and a woman. We are extremely pleased that the Supreme Court has acknowledged the right of voters to define marriage in the California Constitution. The voters have decided this issue and their views should be respected."

There likely will be a second round in the coming years, perhaps as soon as 2010. Equality California, a homosexual activist organization, was already requesting donations in light of the court's ruling. "We will overturn Prop 8, but only with your support," a statement said.

Prop 8 supporters needed 690000 signatures to qualify the proposal for the ballot and turned in approximately 1.1 million.

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TAGS: USA California Supreme Court Proposition 8 "gay marriage" same-sex couples definition of marriage

[05/27/2009]

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