Monday, June 22, 2009

California Supreme Court upholds Proposition 8

Last month, the California Supreme Court, by a 6-1 vote, today rejected a constitutional challenge to Proposition 8, an initiative measure adopted by the voters at the November 4, 2008 election that added a section to the California Constitution providing “Only marriage between a man and a woman is valid or recognized in California.”

The court unanimously held that the scope of Proposition 8 is narrow, limited solely to restricting the use of the term “marriage” to opposite-sex couples, while not otherwise affecting the fundamental constitutional rights of same-sex couples described in its earlier opinion in In re Marriage Cases (2008) 43 Cal.4th 757.

The court also unanimously held that the new constitutional provision applies only prospectively, and does not affect the continued validity of the estimated 18,000 marriages of same-sex couples that occurred prior to November 5, 2008, when the new constitutional provision took effect.

Prop 8 eliminates same-sex marriage

On November 4, 2008, the controversial Proposition 8 passed providing for a change in the California State Constitution. The changed adds a new section (7.5) to Article I, which reads: "Only marriage between a man and a woman is valid or recognized in California.". This change restricts the definition of marriage to opposite-sex couples, and eliminates same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases by "carving out an exception to the preexisting scope of the privacy and due process clauses" of the state constitution. The proposition did not affect the existing domestic partnerships registry.