By Susan Brinkmann, OCDS
Staff Writer
In a 6-1 decision, the California Supreme Court ruled to uphold a voter-approved ban on same-sex marriage known as Proposition 8. The also ruling allows the estimated 18,000 gay couples who married before the law took effect to remain married.
While demonstrators outside the court yelled “shame on you!” the judges rejected an argument by gay activists that the ban amounted to revising the state’s Constitution to such a dramatic degree that it required legislative approval before becoming law.
“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.
In doing so, the court confirmed the right of Californians to change their constitution through the ballot box.
“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,” the ruling said. “But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it.”
The 136-page majority ruling does not address an opinion on whether the justices agree with Proposition 8 or “believe it should be a part of the California Constitution.”
They said they were “limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.”
Last May, the same court ruled that it was unconstitutional to deny gay couples the right to wed, which caused a rush of same-sex couples to marry before voters won the right to vote on a constitutional amendment banning gay marriage, known as Proposition 8, in November. When it passed, gay rights activists immediately returned to court to try to have the ban repealed.
After Tuesday’s decision, gay rights activists promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal Proposition 8.
Opponents of same-sex marriage were relieved to see the ban upheld but were disappointed that the justices allowed the 18,000 marriages contracted last year to stand.
“Over one million Californians signed petitions to place Proposition 8 on the ballot and over seven million voters approved the measure on Election Day,” said Tony Perkins, president of the Family Research Council.
“California’s Constitution gives its citizens the right of self-governance and we are pleased that the court resisted demands to strip the right of the people to amend the state constitution . . . . Unfortunately, the Court chose to ignore the plain meaning of Proposition 8 and will force state recognition of same-sex ‘marriage’ licenses issued last year. The Court’s recognition of these ‘marriages’ clearly seeds the ground for a possible legal battle before the U.S. Supreme Court.”
Perkins says the court’s decision should encourage pro-family activists across the country.
“Marriage redefinition is not inevitable unless advocates of the family stand aside and allow it to happen,” he said.
© All Rights Reserved, Living His Life Abundantly/Women of Grace. http://www.womenofgrace.com
