Court Upholds Prop 8; State Continues to Recognize 18,000 Marriages

(SAN FRANCISCO) May 26, 2009-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.  In the ruling authored by Chief Justice Ronald George, the Court stated "We emphasize only that among the various constitutional protections recognized in the Marriage Cases as available to same-sex couples, it is only the designation of marriage - albeit significant - that has been removed by this initiative measure." 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. The decision reaffirmed the Court's prior holding that sexual orientation is subject to the highest level of protection under the California Constitution.

In a strongly worded dissent, Justice Carlos Moreno 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."