The California Supreme Court ruled today that voters’ ban on gay
marriages should prevail, but allowed to stand marriages that
occurred in the brief window before the vote was taken.
Courtesy of the Sacramento Bee
The California Supreme Court ruled today that voters’ ban on gay marriages should prevail, but allowed to stand marriages that occurred in the brief window before the vote was taken.
The court majority rejected Attorney General Jerry Brown’s challenge that Proposition 8 violates “inalienable” rights of same-sex couples to pursue marriage.
The court’s opinion, a summary of the ruling says, “declares that the identification of a right as ‘inalienable’ has never been understood to mean that such right is exempt from any limitation or to preclude the adoption of a constitutional amendment that restricts the scope of such a right.”
The 6-1 majority opinion was written by Chief Justice Ronald M. George – who wrote May’s opinion that paved the way for gay marriages – and was joined by Justices Joyce L. Kennard, Marvin R. Baxter, Ming W. Chin and Carol A. Corrigan. Kennard also filed a separate concurring opinion.
The 6-1 opinion rejected the challenge to Proposition 8. The judges unanimously upheld the same-sex marriages that took place during the five-month window when such unions were legal.
Justice Carlos R. Moreno agreed with the majority that Proposition 8 only applies going forward, but he dissented by concluding that the measure is an unlawful amendment to California’s constitution.
Proposition 8 passed Nov. 4 with about 52 percent of the vote. It changes California’s constitution with a simple declaration that only a marriage between a man and a woman is legal and valid in the state.
A crowd of gay advocates outside the San Francisco courthouse started chanting “Shame on you, shame on you” the moment the court’s decision was announced.
“It’s what we expected based on the initial hearings,” said Margie Groeninger, who is married to her partner. “The justices have been clear that even though they view this as discriminatory, it’s out of their hands. I’m incredibly hurt and disappointed.”
Aaron McLear, spokesman for Gov. Arnold Schwarzenegger, said, “I think he was hoping it would go the other way. But it didn’t, and he will uphold what they have to say.”
“Personally, he believes that marriage is between a man and a woman,” McLear said. Nevertheless, he said, Schwarzenegger voted against Proposition 8 and supports giving same-sex couples the right to marry.
“He’s always said it’s not his job to impose that upon others, so he believes that someday soon, either the courts or the people will give same-sex individuals the right to marry. But it’s his duty as governor to carry out whatever the Supreme Court says he needs to do.”
Schwarzenegger issued a statement calling on those responding to the court decision “to do so peacefully and lawfully.”
The National Organization for Marriage praised the state Supreme Court decision.
“We’re grateful this court did not overturn the civil rights of all Californians to amend our own constitution,” Brian Brown, the group’s executive director, said in a statement. “The 7 million Californians who worked hard to protect marriage as the union of husband and wife are breathing easier today.”
The liberal Courage Campaign issued a swift press release expressing its disappointment. Chairman Rick Jacobs said the group has already begun preparing for another ballot fight next year.
“While we are pleased that the court recognized the legal marriages of the 18,000 same-sex couples married in 2008, we are saddened by the Prop. 8 decision. But we don’t have time to mourn the failure of the state court to restore marriage equality to California,” he said.
The group said it was immediately launching a 60-second television ad “that illustrates the love and commitment between all same-sex couples and the effect Prop. 8 and the Supreme Court ruling poses to their current and future families.” It said the ad, in English and in Spanish, will air statewide for the next 72 hours.
State Senate President Pro Tem Darrell Steinberg, D-Sacramento, said in a statement: “I view today’s decision by the California Supreme Court as a temporary setback for the cause of equality for all people.”
