California Supreme Court upholds Proposition 8

May 26, 12:46 PMInternational LGBT Issues ExaminerKelvin Lynch

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                              The California Supreme Court

The California Supreme Court has ruled on Proposition 8 as follows:

1.  Is Proposition 8 an invalid revision to the State Constitution, rather than an amendment?

No.  Proposition 8 is a valid amendment.

2.  Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

No.

3.  If Proposition 8 is a Constitutional amendment, what effect (if any) does it have on same-sex marriages performed in California before its adoption?

The amendment is applied prospectively as of November 5th, 2008 and has no effect on the 18,000 marriages already performed. 

This odd result creates two separate classes of citizens in California - those who are discriminated against and those who are not.  The 18,000 same-sex couples who are already married cannot be discriminated against and enjoy full state marriage responsibilities and benefits.  However, same-sex couples who now wish to be married in California or have their marriages performed elsewhere recognized in California will not be granted those rights.

Both sides of the Proposition 8 debate see the court's decision as a half-victory or an outright defeat.

An angry mob outside the California Supreme Courthouse in San Francisco began shouting as the ruling was announced but has remained peaceful.  They have begun marching to City Hall and the Castro for a day-long protest of the decision. Some reports are coming in saying protestors have started blocking street traffic.  There is a very large police presence.

Former San Francisco prosecutor Jim Hammer told KRON-4 TV the 6-1 decision was a "done deal", meaning the court will never take up this issue again.  However, he added that a slew of lawsuits in lower courts can be expected from same-sex couples who wish to marry in the state, now that the CA Supreme Court has validated marriages legally performed in California.  He also remarked that a ballot initiative is already planned for next year,  which is almost certain to remove the same-sex marriage ban from the state Constitution.

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