18,000 Same-Sex Marriages Will Stand
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Minutes ago, the California Supreme Court released its ruling: Proposition 8 will stand as law. The highly-contested and controversial 2008 ballot initiative, known as Proposition 8, effectively banned same-sex marriage by codifying into law these words, “Only marriage between a man and a woman is valid or recognized in California”. The November vote on Prop 8 won by a narrow 52% – 48%. A reported $83.2 million was spent by both sides to advocate their positions.
The challenge to Prop 8, in part a procedural argument, was heard by the Court on March 5, 2009. The widely-held position by both sides was that Prop 8, given the court’s line and quantity of questions, would not be overturned. The main argument by challengers to the Constitutional amendment was that changing or depriving a group of equal rights constitutes a major change to the essence of the state’s Constitution, and therefore, according to California rules, needed to be achieved through the Legislature, not through a ballot initiative.
Prop 8 came about after a May 15, 2008 5-4 ruling that held as unconstitutional two California bans on same-sex marriage. It noted that under Article 1 of California ‘s Constitution, marriage is a fundamental right. The marriages of 18,000 same-sex couples, who wedded between May 4, 2008, and November 4, 2008, were thrown into question upon the passage of Prop 8.
Lead attorney for the side arguing to uphold Prop 8, Kenneth Starr, represented the traditional marriage organization Protect Marriage. Starr is best-known as being the prosecutor against President Bill Clinton’s impeachment trial.
Plans are already underway for a 2010 or 2012 ballot iniative to allow gays their right to marry.