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Calif. Supreme Court upholds Prop 8, marriages

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California’s Supreme Court broke hearts Tuesday as it upheld Proposition 8, last November’s ballot initiative banning same-sex marriage.

The ruling that Proposition 8 is valid under California’s state constitution was lopsided: 6 -1. Kate Kendell, of the National Center for Lesbian Rights, which fought the measure in court, was near tears as she contrasted Tuesday’s decision with last year’s ruling — by the same court — upholding the right of same-sex couples to legally wed:

“It is impossible to square the elation that we felt just a year ago, with the grief that we feel today. And it is impossible to reconcile the court’s ruling from a year ago with it’s upholding of Prop. 8 today.”

Kendell said Tuesday’s ruling “tarnishes” the court’s reputation as “champions of justice.”

In its opinion, the court made it clear it was not ruling on same-sex marriage itself, but only on a procedural issue .. whether it was valid Proposition 8 to use the ballot initiative process to amend California’s Constitution.

Gerardo Marin is disappointed he won’t be able to marry his partner in California anytime soon:

“I didn’t serve in the Air Force for 4 years to be denied my rights by the citizens I was working to protect. I’m very dismayed, very shocked.”

The court upheld 18,000 marriages performed between last May’s ruling in favor of same-sex marriage and last November’s vote, ruling that Proposition 8 was not retroactive.

Prop. 8 opponents vowed to go back to the ballot box to try and repeal the measure, possibly as early as next year.

–Eric Jansen, San Francisco

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Written by OutQ News staff

May 27, 2009 at 9:05 AM

Posted in Uncategorized

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