California High Court Rules Against Gay Marriage, Except Those Already Done

A victory for the traditional family against the homosexual activist, kind of, anyway. Apparently “marriages” made before the passage of Proposition 8 will remain in effect.
Don’t get me wrong; this was certainly a victory, but I have to agree with this commentator:
“The proposition itself, which is now a part of the California constitution and has been since November 5, simply reads ‘only marriage between a man and a woman is valid and recognized in California,'” [Jim Garlow of Skyline Church in La Mesa] notes. “So how you take those simple 14 words and reconstruct them to justify the validation of 18,000 same-sex marriages — that is beyond me.”

SAN FRANCISCO — The California Supreme Court on Tuesday upheld same sex marriages that were already performed but upheld voters’ rights to ban gay marriage through the state constitution.

An estimated 18,000 gay couples tied the knot before the law took effect. The ruling suggests that gay couples can be afforded equivalent rights to heterosexual married couples but perhaps under a different name.

Gay rights demonstrators flooded the courthouse before the decision and immediately started protesting the ruling. Holding signs and many waving rainbow flags, they chanted “shame on you.” Many people also held hands in a chain around an intersection in an act of protest.

“It’s not about whether we get to stay married. Our fight is far from over,” said Jeannie Rizzo, 62, who was one of the lead plaintiffs along with her wife, Polly Cooper. “I have about 20 years left on this earth, and I’m going to continue to fight for equality every day.”

Rizzo and Cooper had argued that the Legislature should have approved the change to the California constitution because of the vote’s impact on the equal protection clause.

But Chief Justice Ron George, writing the 6-1 decision, said the people have a right, through the ballot box, to change their constitution.

“In a sense, petitioners’ and the attorney general’s complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it,” the ruling said.

The court is the same one that last May ruled it unconstitutional to deny gay couples the right to marry. That led to the constitutional amendment offered on the ballot last November.

“After comparing this initiative measure to the many other constitutional changes that have been reviewed and evaluated in numerous prior decisions of this court, we conclude Proposition 8 constitutes a constitutional amendment rather than a constitutional revision,” the ruling said.

Gay rights activists say they plan to return to voters as early as next year with a bid to repeal Proposition 8.

Original Link.

So, as I suspected from the moment this proposition passed, the fight is not over.

Randy Thomasson of is only somewhat pleased with the court’s decision. He explains that Prop. 8 actually deals with same-gender marriages in a straightforward, retroactive manner — but the judges ignored that, he states.

“The only marriage in California that is valid or recognized [as valid] is a marriage between a man and a woman, quote, ‘regardless of when or where performed,'” he points out. “And that obviously wipes out the false marriages. But the judges, based in San Francisco, didn’t want to go there.”

In effect, says Thomasson, the court’s decision is an insult to people who went to the polls to vote for traditional marriage — and shows that the court has “gone with its own feelings and its own social agenda.”

Original Link.

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