Tuesday, May 26, 2009

Half a loaf from California Supreme Court

The California Supreme Court has essentially ratified Proposition 8, the ballot measure that nullified an earlier court decision legalizing marriage rights for LGBT folks. Yet Californians already married will be permitted to remain so, regardless of the gender mix of their marriages.

One suspects that the court could not agree on constitutional grounds for overturning the expressed "will of the people". Yet the legitimizing of marriages already performed calls constitutional questions of its own. The closeness of the Prop 8 vote suggests another electoral battle to come. From the Los Angeles Times

Prop. 8 upheld by California Supreme Court:

By Maura Dolan
10:08 AM PDT, May 26, 2009

Reporting from San Francisco -- 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.

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