Add RSS RSS

The Moment of Truth for Same-Sex Marriage in California

Tuesday, May 26, 2009 12:45 PM - By David Lat

gay marriage skadden.jpgIn about 15 minutes or so, the California Supreme Court will issue its decision in three cases challenging the constitutionality of Proposition 8, which banned same-sex marriage in that state. The decision will be posted on the court’s website at 10 a.m. Pacific time (or 1 p.m. Eastern time). We’re putting up this post now, to get the discussion going, and then we’ll update once the decision comes in.

Update (1:10 PM): The court’s website is still down, but there’s this from the San Francisco Chronicle: “The California Supreme Court upheld Prop. 8 by a 6-1 vote but ruled that the same sex marriages performed last year can stand.”

Update (1:15 PM): The Los Angeles Times has this write-up, which notes:

The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.

The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say 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.

Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May….

Only Justice Carlos R. Moreno, the court’s sole Democrat, wanted Proposition 8 struck down as an illegal constitutional revision.

So much for Justice Moreno as a possible U.S. Supreme Court justice (although, having missed out on the Souter seat, he’ll probably be too old anyway when the next vacancy comes up).

Update (1:20 PM): Here is a link to the court’s opinion (PDF).

Background and links about the case, after the jump.

From CNN:

The court will rule on the constitutionality of Proposition 8, the controversial measure banning same-sex marriage that voters approved in November.

Its opponents want the amendment nullified. They say the proposition alters California’s Constitution and, therefore, under state law, is a revision that requires a constitutional convention.

Attorneys for the opponents also say the proposition, which removed the “marriage” label from same-sex unions, effectively deprives same-sex couples of a fundamental right guaranteed them under the equal-protection clause in the U.S. Constitution.

The court will also pass upon the validity of the 18,000 same-sex marriages that took place after the California Supreme Court’s first round of decisions allowing same-sex marriage and before the passage of Prop 8 in November 2008.

For more background, see this helpful Q&A from the Los Angeles Times. And check back in a bit, when we’ll have details about and a link to the court’s ruling.

Update (1:30 PM): As noted in the updates above, the court upheld the validity of Prop 8 — i.e., upheld the ban on same-sex marriage — and also upheld the validity of the already-completed same-sex marriages.

Here is a link to the court’s opinion (PDF).

Supreme Court of California [official website]
California high court expected to rule on same-sex marriage [CNN]
Q&A: California Supreme Court to issue Prop. 8 decision today [Los Angeles Times]

(141) Comments
Posted in: Gay, Gay Marriage

Comments

Comments hidden for your protection. Show them anyway!

Post Your Comment