SAN FRANCISCO — The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday. It also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.
Demonstrators outside the court yelled "shame on you!” Gay rights activists immediately promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal the ban.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval.
The court said the Californians 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 justices said the 136-page majority ruling does not speak to whether they agree with the voter-approved Proposition 8.
The announcement of the decision set off an outcry among demonstrators who had gathered in front of the San Francisco courthouse awaiting the ruling.
A small group of Proposition 8 supporters also had gathered outside the court to hear the ruling.
by the associated press
Demonstrators outside the court yelled "shame on you!” Gay rights activists immediately promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal the ban.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval.
The court said the Californians 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 justices said the 136-page majority ruling does not speak to whether they agree with the voter-approved Proposition 8.
The announcement of the decision set off an outcry among demonstrators who had gathered in front of the San Francisco courthouse awaiting the ruling.
A small group of Proposition 8 supporters also had gathered outside the court to hear the ruling.
by the associated press
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