Gay Marriage Advocates Likely to Seek Another Ballot Vote After California Supreme Court Upholds Prop 8

Thousands have taken to the streets in California and states across the country after Tuesday’s decision by the California Supreme Court upholding Proposition 8, a ballot measure that bans gay marriage. The measure which defines marriage as solely between a man and a woman was approved by 52 percent of California voters in November as an amendment to the Constitution. On Tuesday the court voted 6 to 1 to uphold the measure and rejected lawsuits that argued Proposition 8 was not simply a constitutional amendment, but a constitutional revision, which requires the Legislature’s approval.

The court’s decision does preserve the 18,000 same-sex marriages that took place last year, during the few months that gay marriage was legal in California. Gay marriage was permitted by a 4-3 decision from the California Supreme Court last May and then banned after the passage of Proposition 8 in November.

Bryan Wildenthal is the first openly gay law professor at the Thomas Jefferson School of Law. He got married to his partner last July.

Bryan Wildenthal, first openly gay law professor at the Thomas Jefferson School of Law. He got married to his partner last July.

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