Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“You have put your finger on the dilemma of all government, and the reason I am an anarchist. The power to tax, once conceded, has no limits; it contains until it destroys.”     Robert A. Heinlein,    The Moon is a Harsh Mistress

May 26, 2009

California Supreme Court Upholds Proposition 8

by Doug Mataconis

After I listened to the oral arguments of the California Supreme Court’s hearing on Proposition 8 and gay marriage, it seemed pretty obvious that the Court would find, based on state law that had nothing to do with the gay marriage issue, that Proposition 8 was a proper amendment to the state Constitution.

And, it turns out I was correct:

The California Supreme Court upheld a ban on same-sex marriage today, ratifying a decision made by voters last year that runs counter to a growing trend of states allowing the practice.

The decision, however, preserves the 18,000 marriages performed between the court’s decision last May that same-sex marriage was lawful and the passage by voters in November of Proposition 8, which banned it. Supporters of the proposition argued that the marriages should no longer be recognized.

Today’s decision, written by Chief Justice Ronald M. George for a 6-to-1 majority, said that same-sex couples still have the right to civil unions, which gives them the ability to “choose one’s life partner and enter with that person into a committed, officially recognized, and protected family relationship that enjoys all of the constitutionally based incidents of marriage.” But the justices said that the voters had clearly expressed their will to limit the formality of marriage to heterosexual couples.

This is hardly the end of the issue for either the nation as a whole or California specifically. Despite the setback in California, same sex marriage is now the law in Iowa and Vermont, and is close to becoming law in New Hampshire. At the same time, the groundwork is already being laid for yet another referendum in California that would seek to overturn Proposition 8 — that is likely to be on the ballot in either 2010 or 2012 depending on how the petition drives go.

This is far from over.

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7 Comments

  1. Don’t forget Maine and Connecticut!

    Even though I wish Prop 8 had gone down in flames, part of me is glad that the Court upheld it. I so want equality, but it shouldn’t come at the expense of democracy; the people need to approve it. We just need to work harder to help them see the truth.

    Comment by Kathryn Rebecca — May 26, 2009 @ 12:46 pm
  2. This isn’t supposed to be a democracy! Quite often, the majority of voters are stupid. Prop 8 is a prime example.

    Perhaps the ballot should include a constitution quiz. If you don’t pass it, your vote doesn’t count.

    Comment by inDglass — May 26, 2009 @ 1:04 pm
  3. I’ve read it over and over, but I simply can not locate the specific provision of the Constitution that makes gay marriage a constitutional right.

    Hey – I’ve got an idea – perhaps one can be conjured up out of thin air, like the Court in Roe v. Wade did for abortion. A certain self-proclaimed “wise Latina woman” probably has a rough draft all ready. A penumbra here, a penumbra there – a pinch of “privacy,” a dash of “equal protection,” and we’re good to go! Screw the unwashed masses. What the hell do they know, anyway.

    I amazingly find that the “majority” of voters are “stupid” when my vote is in the minority – but the majority somehow seems less stupid when my vote agrees with theirs – how about you? For example, 53% of the the people who voted for President this past time around, were either wise, or really stupid, depending on your point of view.

    Comment by southernjames — May 27, 2009 @ 3:58 am
  4. [...] all that great. I’m not an Atheist, but it can affect everyone. It isn’t the final straw in California, but more advances may delay due to the [...]

    Pingback by It’s May, almost June! - Rising up from the Ashes — May 27, 2009 @ 8:27 am
  5. I beleive the ruling was correct. What I would like to question is why conservatives/Republicans, who say they value freedom, oppose a more free society (one the permits gay mariage)?

    Comment by Steve — May 27, 2009 @ 3:58 pm
  6. For starters, “conservative” is not synonymous with “Republican.”

    There are all sorts of Republicans – including a lot of pro and/or neutral on abortion choice, pro and/or neutral on gay marriage, those very much in favor of bigger government, etc. And that “moderate” Bush/Colin Powell branch of the party is pretty much in control of it. As is typified by the nomination of McLame; and hitting closer to home, the national GOP’s support of our big government “moderate” governor Charlie Crist, as a senate nominee. Charlie is just foaming at the mouth to become a permanant member of the national political ruling class. Then he can be one of those fat and content back-benchers who talk a good game for a couple months every six years around election time to sucker the rubes; before going back to that penthouse in Georgetown and Livin the Good Life.

    As for conservatives, most of them oppose legalizing gay marriage because they happen to perceive, whether misguided or not, that there is more to this issue than just “more” versus “less” freedom. You can spend a few minutes on the internet and research that one, for yourself.

    Comment by southernjames — May 28, 2009 @ 4:27 am
  7. [...] The Liberty Papers Blog Archive California Supreme Court Posted by root 3 hours ago (http://www.thelibertypapers.org) A certain self proclaimed wise latina woman probably has a rough draft all ready comment by southernjames may 27 2009 3 58 am then he can be one of those fat and content back benchers who talk a good game powered by wordpress template by eric banner 1 3 4 Discuss  |  Bury |  News | The Liberty Papers Blog Archive California Supreme Court [...]

    Pingback by The Liberty Papers Blog Archive California Supreme Court | Green Tea Fat Burner — June 7, 2009 @ 6:06 pm

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