Legal News

Supreme Court revisits Hamlet in decision to uphold Prop 8: "We shall have no more marriages ... the rest shall keep as they are"

By Richard Binder

The California Supreme Court today upheld Proposition 8, the voter-approved law restoring a ban on same-sex marriages in the state, but at the same time left intact the more than 18,000 marriages for gay and lesbian couples who wed last year before the ballot measure went into effect.

The Supreme Court's decision puts California in unusual territory for the time being, establishing a two-tiered system of marriage across the state for same-sex couples. Under the ruling, Proposition 8 will continue to outlaw same-sex marriage in the future, but those gay and lesbian couples who got their marriage licenses before last November's election will remain on equal legal footing with heterosexual couples.

The decision to uphold Prop 8 was widely expected by legal experts, as it was considered unlikely the justices would have the legal authority to overturn a voter-approved amendment to the California constitution.

Details here and here.

Full text of decision here.

More to follow as story develops.

Full post as published by Legal Pad | LA on May 26, 2009 (boomark / email).