California Supreme Court Upholds Same-Sex Marriage Ban

On May 26th, the California Supreme Court rejected all constitutional challenges and upheld a voter-approved constitutional amendment Proposition 8 that bans same-sex marriage in the state.

In the 2008 general election, California voters approved Proposition 8 by a 52 percent to 48 percent majority. Proposition. 8 stated: "Only marriage between a man and a woman is valid or recognized in California."

However, the California Supreme Court held that Proposition 8 is not retroactive. So those couples who wed in the state under an earlier opinion from the court, will be considered married.

The court majority said same-sex couples would continue to have the right to choose life partners and enter into "committed, officially recognized and protected family relationships" that enjoy all the benefits of marriage under the state's domestic partnership law. But opponents said that the measure was passed improperly as an "amendment," and instead constituted a "revision" to the state constitution, which cannot be accomplished through the initiative process and instead require the involvement of the state legislature. However, the court rejected these arguments.