In stark contrast with the rapid-fire succession of states legalizing same-sex marriage within recent months, the California Supreme Court today upheld the now infamous “Prop 8,” a ban on same-sex marriages approved by voters last November. However, those 18,000 marriages performed between today’s decision and the November vote will remain valid.
In so holding, the California Supreme Court concluded that the voters had spoken and that same-sex couples still had the right to enter into civil unions. Notably, today’s decision comes approximately one year after the Court held that same-sex couples should have the right to marry – the decision ultimately leading to Prop 8’s placement on the November ballot. Interestingly, the Court concluded that Prop 8 was an “amendment,” rather than a revision to California law, which can only be placed on the ballot with a 2/3 legislative vote.
Stay tuned to this blog for further updates. A prior post on Prop 8 can be found here.