Prop. 8 Upheld, While Existing Marriages Ruled Valid

May 26, 2009

Proposition 8, the same-sex marriage ban approved by California voters last November, has been upheld by the state supreme court by a 6-1 vote. The court also ruled that the 18,000 existing same-sex marriages issued between June and November 2008 are valid as well. Thanks to Proposition 8, some of California's same-sex couples will be legally married, while others will no longer have access to the privilege.

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42 Comments

GlowingMoon 4 years

This battle is not over. I think Prop 8 will be overturned. In my opinion, it's just a matter of time.

sloane220 4 years

@ anonymous 9:53- i don't agree with the courts decision. this isn't an issue to be voted on, it's an issue that will have to be decided in the courts. the issues of a minority should never be voted on by the majority, the "will of the people" was wrong and discriminatory, was unconstitutional, and should have been corrected by the california supreme court.

sloane220 4 years

i'm tired of my civil liberties being bandied about as an issue for repugs to rile up their base or as a wedge issue to win voters. i should be able to have all the right and responsiblties of marriage because i am a consenting adult and a law-abiding tax paying citizen. if two straight people can get married in las vegas hours after meeting each other, why shouldn't gay people who have been together 50 years be able to get married?

Symphonee 4 years

I'm sorry but I don't follow the previous comments analogy. I agree with Margokhal. It does suck but I agree with the court.

Symphonee 4 years

I'm sorry but I don't follow the previous comments analogy. I agree with Margokhal. It does suck but I agree with the court.

dikke kus 4 years

What if you bought a Ferrari, and then you find out it's on sale down the street and John the neighbor who make less money than you bought one too. Now your red Ferrari will not be the same status symbol it once was. Even though you might not have kept the car anyway you are frustrated that he has just as much right to buy that car as you, no matter what you do. You complain. You shout. You ask the dealership not to place the car on sale. You say you are better than him. You are different. Listen up. These are your neighbors, your supervisors, your friends, and perhaps your family. Let people pursue their dreams. Politicians and churches here have failed themselves through weak arguments, and poor definitions. If two people find some sort of sense in this short life through a commitment then let them have one. Although the circumstances and situations vary, we are all better off promoting commitment in the morally bankrupt world we see around us.

dikke kus 4 years

4 years

good for the california supreme court. it's not the court's place to legislate; they simply upheld the will of the people.

Phil 4 years

May have been a judicially sound ruling by the California Supreme Court, but it doesn't make the ruling right. This was the perfect opportunity for the State Supreme Court to utilize some much needed practical wisdom (http://www.ted.com/index.php/talks/barry_schwartz_on_our_loss_of_wisdom.html) and stand up for a legally recognized minority being marginalized by a fundamentally discriminatory constitutional change, which was passed by a frustratingly slim majority (I reiterate: 52% to 48%).

efsarbaby 4 years

i suggest marriage in general be declared a discriminatory institution and thus fundamentally unconstitutional.

omigosh 4 years

So disappointed in the CA courtBut I'm glad to see that there are people on this site who agree with me that marriage should be a right..for everyone!

omigosh 4 years

So disappointed in the CA court But I'm glad to see that there are people on this site who agree with me that marriage should be a right..for everyone!

margokhal 4 years

"A number of minorities voted in the election this year, and a majority of them are against gay marriages because their churches do not condone it. In my town, a number of religious asians and latinos protested for prop 8 to pass. It's really unfortunate. On the one hand they voted Obama as president, but voted against marriage equality."You mean just racial minorities, or other nominal minorities? And I don't think it's even the fact that religious institutions don't condone it, but probably in most ethnic cultures it isn't - even though it happens somewhat, still. People just don't talk about it, or cover it up. And why is it assumed that racial minorities would vote for marriage equality? I have said this over and over again: race discrimination is NOT the same as sexuality discrimination. Recognize that racism and homophobia are two completely different monsters with very different backgrounds and solutions to be conquered. So you can't expect racial minorities to go from, "oh, we'll vote to close the racial gap with a black president [which is NOT why everyone who voted for Obama did so!], so let's close the gap on gay marriage, too!" One will not follow the other.

margokhal 4 years

"A number of minorities voted in the election this year, and a majority of them are against gay marriages because their churches do not condone it. In my town, a number of religious asians and latinos protested for prop 8 to pass. It's really unfortunate. On the one hand they voted Obama as president, but voted against marriage equality." You mean just racial minorities, or other nominal minorities? And I don't think it's even the fact that religious institutions don't condone it, but probably in most ethnic cultures it isn't - even though it happens somewhat, still. People just don't talk about it, or cover it up. And why is it assumed that racial minorities would vote for marriage equality? I have said this over and over again: race discrimination is NOT the same as sexuality discrimination. Recognize that racism and homophobia are two completely different monsters with very different backgrounds and solutions to be conquered. So you can't expect racial minorities to go from, "oh, we'll vote to close the racial gap with a black president [which is NOT why everyone who voted for Obama did so!], so let's close the gap on gay marriage, too!" One will not follow the other.

Chouette4u 4 years

"On the one hand they voted Obama as president, but voted against marriage equality. " Remember, Obama does not support gay marriage. Anyway, I hope gay marriage will be legal one day soon, but I think this was a legally and judicially sound decision made by the court.

Chouette4u 4 years

"On the one hand they voted Obama as president, but voted against marriage equality. "Remember, Obama does not support gay marriage.Anyway, I hope gay marriage will be legal one day soon, but I think this was a legally and judicially sound decision made by the court.

4 years

A number of minorities voted in the election this year, and a majority of them are against gay marriages because their churches do not condone it. In my town, a number of religious asians and latinos protested for prop 8 to pass. It's really unfortunate. On the one hand they voted Obama as president, but voted against marriage equality.

totygoliguez 4 years

Very disappointed. Its all I'm going to say.

tomatoshirt 4 years

I can understand why people oppose same-sex marriage - religion, trandition, social security and health care expenses on the government, etc. But take a look at how many broken families are out there, if the couple (homo or hetero) can work things together and provide a stable life for themselves and their kids, I say give them the right to all, they deserve it.

bingbingboom 4 years

I'm very disappointed. Marriage is a basic right to everyone. I'm shocked to read some of the messages on news sites. Why are there so many people just hateful?redchick152, I agree, the day will come when Prop 8 or whatever they call it then will be overturned. I hope sooner than later.

bingbingboom 4 years

I'm very disappointed. Marriage is a basic right to everyone. I'm shocked to read some of the messages on news sites. Why are there so many people just hateful? redchick152, I agree, the day will come when Prop 8 or whatever they call it then will be overturned. I hope sooner than later.

redchick152 4 years

so sad. if CA said "nay", what chance do other states have? i think eventually PROP 8 will be overturned. i suppose it just takes time to changes THAT many peoples homophobic opinions?

spacekatgal 4 years

Nevaeh, I lived in California during prop 8. People think it's a really liberal place, but that's only the cites. The rest of the state is redneck Republican-tastic. I did election work there, and was really surprised hw many McCain supporters existed. Plus, the Church of Christ spent massive amounts of money there to drum up support against it.

4 years

Outside of Prop 8, I'm really glad that they declared the same-sex marriages that had already taken place to still be valid. I know a lot of people were really concerned if they were still going to be considered married if Prop 8 stuck.

kurniakasih 4 years

I wish we don't live in a society that has to regulate a certain type of gender has to get married to another gender. Then again, we do, and the election has given the result of Prop. 8. As much as I dislike the result, the result of the election should be upheld. But of course, the fight will continue on.Comment#9, I am too confused with result of the election myself. I really thought general perception of same-sex marriage in CA is a overwhelmingly positive/accepting. Hmm. Whatever happened, I wonder.

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