Jewish Journal

California Supreme Court upholds Prop 8, prohibits gay marriage

by Brad A. Greenberg

May 26, 2009 | 1:59 pm

As expected, the California Supreme Court today ruled to uphold Proposition 8, the amendment to the state constitution that bans gay marriage.

And what about those 18,000 couples that wed before the Nov. 4 election? They’ll remain married in the eyes of the state.

More from the LA Times:

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.

But gay marriage advocates captured a wide array of support in the case, with civil rights groups, legal scholars and even some churches urging the court to overturn the measure. Supporters of the measure included many churches and religious organizations.

On his Twitter feed, Kal Penn, the actor turned Obama community relations liaison, voiced a sentiment I’m sure you’ve heard before:

“So if the CA Supreme Court & voters are so concerned with the “sanctity of marriage”, how about we make divorce illegal too? Any takers?”

Read the 185-page ruling at LAist.

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