Legal News

Cal Supremes play Hamlet: we will have no more marriages, and the rest shall keep as they are

By Richard Binder

Two justices who backed marriage for gays and lesbians last year signaled they intend to uphold the measure that took that right away.

Chief Justice Ronald George and Justice Joyce Kennard, who helped form the 4-3 majority that let same-sex couples wed for six months last year, gave all indications that Proposition 8 ? as unpalatable as it might be to them ? must be accepted as the will of the people.

Gays and lesbians can take comfort in the fact that the justices indicated that the 18,000 same-sex marriages that took place before Prop 8 are safe. Even the three justices who voted against gay marriage last year appeared reluctant to invalidate marriages already performed.

George also hammered home the point that, in his view, Prop 8 only denied same-sex couples the label of marriage. It didn't affect the court's ruling that gays and lesbians constitute a suspect class, he said, and didn't eliminate all the rights offered by domestic partnerships.

A ruling is due within 90 days.

Full story at The Recorder.

Full post as published by Legal Pad | LA on March 06, 2009 (boomark / email).