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Prop 8 Upheld

Nearly three months after hearing the case, California's supreme court justices issued a ruling Tuesday upholding Proposition 8, the state's constitutional ban on same-sex marriage.


Nearly three months after hearing the case, California's supreme court justices issued a ruling Tuesday upholding Proposition 8, the state's constitutional ban on same-sex marriage.

The court ruled that overturning the ban would go against the will of the people.

Despite the ruling, the 18,000 gay and lesbian couples that wed after the supreme court's original decision in May 2008, which established equal marriage rights for same-sex couples, will be allowed to stay married. Six of the seven supreme court justices voted to uphold Prop. 8.

Protests directly following the November 4 election, in which the state's voters approved the constitutional ban and nullified the May ruling, called for a court hearing on the repeal of Prop. 8, and later that month the California supreme court agreed to hear arguments. Hundreds of friend-of-the-court briefs came from various organizations followed, both for and against the state's most expensive ballot initiative in history.

Day of Decision rallies have been planned for this evening in all 50 states. For more information about the protests, visit DayofDecision.com for locations and action plans.

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Reader Comments
  • Name: Dave Marsh
    Date posted: 5/26/2009 3:40:00 PM
    Hometown: Sacramento, CA

    Comment:

    The court's decision appears sound, however. Their argument was that same sex couples retain ALL the legal benefits of marriage if they want them, by becoming legal Domestic Partners, so the amendment removes NO legal benefits. They cited numerous examples of amendments doing far worse to particular elements of the state populace than "merely" denying the use of the word Marriage for one's relationship. They noted and rejected the Prop 8 proponent's sophistry concerning retroactivity, and affirmed that the 18,000 couples who got married (not all were already Domestic Partners) would have their property/taxes/legal benefits bogged down in a morass if their marriages were annulled.

  • Name: TOM
    Date posted: 5/26/2009 3:22:00 PM
    Hometown: LOS ANGELES

    Comment:

    Today is a sad day.I will never VOTE again.it's UNFAIR and DISCRIMINATORY. it's all I can say.I'm ashamed to be an American and Californian.

  • Name: Robb
    Date posted: 5/26/2009 3:19:00 PM
    Hometown: Orlando

    Comment:

    The "Equal Justice Under Law" fantasy lives on...

  • Name: JT
    Date posted: 5/26/2009 3:12:00 PM
    Hometown: Lewiston, ME

    Comment:

    Just because it's the "will of the people" doesn't make it right. If the "will of the people" was to reinstate slavery, the court would have upheld that too. This court is full of ball-less cowards. Plain and simple. Shame on CA. Thank god I live in New England.

  • Name: Stephen
    Date posted: 5/26/2009 3:11:00 PM
    Hometown: Dayton, Ohio

    Comment:

    dont pay taxes....there should be a tax protest across the country...recognizw our rights or we don't pay taxes....how dare you expect us to?!

  • Name: Roger Burr
    Date posted: 5/26/2009 2:28:00 PM
    Hometown: Marble Hill, MO

    Comment:

    This is a TRAGIC day for California and the NATION! By upholding Prop. 8, the State Supreme Court has abrogated its most important responsibility. The job of the court is to protect the rights of the most vulnerable in society. Those 'RIGHTS' are now, by the courts action, merely dispensations; which can be revoked by the electorate at any time. Who among us, gay or straight, can truly feel SAFE when our most important fundamentals of law are at the mercy of the mob?! Moreover, by its actions, the court has set a precedent which other states, whose legislatures/courts might be considering same-sex marriage equality; might then follow. The pursuit of LGBT equality at all levels has, by this action, been set back at LEAST a decade!

  • Name: marcy
    Date posted: 5/26/2009 2:26:00 PM
    Hometown: new jersey

    Comment:

    So. the court just voted to limit a group of peoples civil rights, sick, are we in the middle ages. What country is this? What can be done now?



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