Okay, so not great news, but the news we were expecting. 6-1, Prop 8 was upheld. Gay marriage is still illegal in California. But, also as expected, the 18,000 gay marriages will still be valid.
After the jump, photos from the California Supreme Court this morning. Also, read the PDF of the full decision , including the lone dissent by Justice Carlos Moreno.
And watch video messages from Stop8.org and the ACLU LGBT Project about where we go from here.
Plus, Day of Decision protest sites around the country.
UPDATE: Governor Schwarzenegger responds.
The Courage Campaign responds with a video.
Plus news updates as they come in.
From the decision:
In a sense, this trilogy of cases illustrates the variety of limitations that our constitutional system imposes upon each branch of government — the executive, the legislative, and the judicial.
In addressing the issues now presented in the third chapter of this narrative, it is important at the outset to emphasize a number of significant points. First, as explained in the Marriage Cases, supra, 43 Cal.4th at page 780, our task in the present proceeding is not to determine whether the provision at issue is wise or sound as a matter of policy or whether we, as individuals, believe it should be a part of the California Constitution. Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question. It bears emphasis in this regard that our role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.
. . . We conclude that each of the state constitutional challenges to Proposition 8 advanced by petitioners and the Attorney General lacks merit. Having been approved by a majority of the voters at the November 4, 2008 election, the initiative measure lawfully amends the California Constitution to include the new provision as article I, section 7.5.. . . the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid and must continue to be recognized in this state.
And from Justice Moreno’s dissent:
In my view, the aim of Proposition 8 and all similar initiative measures that seek to alter the California Constitution to deny a fundamental right to a group that has historically been subject to discrimination on the basis of a suspect classification, violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning. Such a change cannot be accomplished through the initiative process by a simple amendment to our Constitution enacted by a bare majority of the voters; it must be accomplished, if at all, by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons. I would therefore hold that Proposition 8 is not a lawful amendment of the California Constitution.
Read the full PDF of the decision.
photos via SFist
Stop8.org responds.
Matt Coles of The ACLU LGBT Project responds.
The Courage Campaign responds.
California Schwarzenegger responds:
While I believe that one day either the people or courts will recognize gay marriage, as Governor of California I will uphold the decision of the California Supreme Court. Regarding the 18,000 marriages that took place prior to Proposition 8’s passage, the Court made the right decision in keeping them intact. I also want to encourage all those responding to today’s Court decision to do so peacefully and lawfully
From the LA Gay and Lesbian Center:
Today, our Supreme Court sent a mixed and troubling message. While upholding the legal marriages of the 18,000 same-sex couples who married in California, the ruling establishes that all Californians are NOT entitled to equal protection of the law. This is a sad day for our state and a setback for the cause of freedom and fairness.
But it’s also important to keep this in perspective. Every noble struggle known to man or woman has been filled with losses—temporary defeats that people had to endure and overcome. We must pick ourselves up and move forward, knowing that justice ultimately will prevail and the right to marry will one day be ours forever.
I will update this post throughout the day.










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