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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


Written by OutQ News staff

May 27, 2009 at 9:05 AM

Posted in Uncategorized

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