SAN FRANCISCO — The California Supreme Court upheld a citizen-enacted ban on gay “marriage,” capping one of the most significant victories in the history of the social conservative movement but also setting up what is certain to be an effort by opponents to overturn it. Proposition 8, as it is known, passed by a margin of 52–48 percent on Election Day, reversing a May 2008 ruling by the high court that had legalized gay “marriage.” After Proposition 8 passed, opponents quickly filed suit, arguing that the amendment amounted to a “revision” of the constitution and should first have been approved by the Legislature, which it was not.
But the court disagreed and by a 6–1 margin, said the citizens had the right to pass the amendment, which states that “only marriage between a man and a woman is valid and recognized in California.” In a partial win for homosexual activists, the court unanimously allowed the 18,000 or so “marriages” between same-sex couples already in existence on Election Day to stand. Based on oral arguments, both rulings were expected. “[W]e conclude that the California Constitution cannot be interpreted as restricting the scope of the people’s right to amend their [constitution] in the manner proposed by petitioners,” California Chief Justice Ronald M. George wrote for the majority. Just one year earlier, the justices, in a 4–3 decision written by George, legalized gay “marriage.” (TAB)
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