Constitutional Law

California Supreme Court Upholds Prop 8

By Paul Cates, LGBT Project

Today, in a 6-to-1 decision, the California Supreme Court upheld Proposition 8, the ballot measure that eliminated the right of same sex couples to marry. At the same time, the court unanimously ruled that the more than 18,000 marriages that took place between June 16 and November 4, 2008 continue to be fully valid and recognized by the state of California.

Demonstrations outside the California Supreme Court building.

Justice Carlos Moreno, the sole dissenter, got it right when he stated, 'The rule the majority crafts today not only allows same-sex couples to be stripped of the right to marry that this court recognized in the Marriage Cases, it places at risk the state constitutional rights of all disfavored minorities. It weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority.'

Now that the court has spoken, the road ahead is clear. We must go back to the ballot box and overturn Prop 8.

Matt Coles, Director of the ACLU LGBT Project recorded the follow short video in response to today's decision. In the video, he explains that fundamental American values are at stake in the fight for marriage and for LGBT rights generally. This, Coles says, is about the right to live your life without having someone else's morality imposed on you.

Please take a look and forward it to your friends and family.

Full post as published by Blog of Rights on May 26, 2009 (boomark / email).