Main | Tuesday, May 26, 2009

Prop 8 Upheld - Bigotry Rules In CA

As expected, the California Supreme Court has ruled to uphold Proposition 8 by a vote of 6-1. The existing 18,000 same-sex marriage will stand.

UPDATE: was ready for this decision and provides advice on what's to come.

UPDATE II: Here's what the Court said.
We conclude that each of the state constitutional challenges to Proposition 8 advanced by petitioners and the Attorney General lacks merit. Having been approved by a majority of the voters at the November 4, 2008 election, the initiative measure lawfully amends the California Constitution to include the new provision as article I, section 7.5.

Finally, we consider whether Proposition 8 affects the validity of the marriages of same-sex couples that were performed prior to the adoption of Proposition 8. Applying well-established legal principles pertinent to the question whether a constitutional provision should be interpreted to apply prospectively or retroactively, we conclude that the new section cannot properly be interpreted to apply retroactively. Accordingly, the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid and must continue to be recognized in this state.

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