PrintMay 26, 2009
California Supreme Court Upholds Gay Marriage Ban
The highest court of the state of California validated the people’s ability to change the state constitution through the initiative process. In a 6 to 1 ruling, the court upheld Proposition 8, passed last year, which added an amendment to the state constitution that prohibited gay marriage.
Here is the actual wording in the state constitution, as amended by Proposition 8:
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7.5. Only marriage between a man and a woman is valid or
recognized in California.
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7.5. Only marriage between a man and a woman is valid or
recognized in California.
The court would have been hard pressed to rule any other way. The state constitution of California (Article 2) specifically provides for constitutional amendment by initiative.
You can read the entire decision of the court here.
The ruling did not negate the approximately 18,000 marriages between gay couples that had been performed prior to the decision.
