CA Supreme Court upholds Proposition 8

Posted on May 26, 2009


The California Supreme Court ruled today that Proposition 8, a voter initiative that amended the state constitution to define marriage as between a man and a woman, should be allowed to stand, but that previous gay marriages should not be dissolved. Proposition 8 passed in November with 52.24% of the vote in a fairly liberal state that by 61% voted for President Obama. The ruling is somewhat surprising as the California Supreme Court is considered by some to be one of the most left-leaning of any state supreme court.

Whatever your stand on gay marriage, the California Supreme Court got this one correct in that, right or wrong, the people of California got the final say in the matter, and the previous marriages before the provision went into effect are still binding. I’m not a fan of legislation by judicial fiat, and I’m glad to see that the will of the California voters was upheld. If Prop 8 opponents can get enough votes to repeal the amendment (which they will likely attempt to do in the near future), then more power to them. It’s the way democracy is supposed to work – broad social issues being decided by the populace, not by a few who presume to know better.

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