Posted by
Katy Grimes on Tuesday, May 26, 2009 1:57:37 PM
The California Supreme Court upheld Proposition 8 - finally a constitutional win for citizens and voters.
KCRA reports: "The state Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.
The 6-1 decision written by Chief Justice Ron George rejected an argument from gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the people have a right, through the ballot box, to change their constitution.
"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. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said."
"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.