California Supreme Court upholds ban on gay marriage
Tue. May 26, 2009 12:00 AM by ChicagoPride.com News Staff
prop 8 protestors march
photo credit // dreamstime editorial
San Francisco, CA -
The California Supreme Court has upheld the voter-approved ban on same-sex marriage in a decision announced Tuesday.
The court's decision announced at Noon (CDT) upholds the ban on new same-sex marriages, but lets the estimated 18,000 existing marriages stand.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the people have a right, through the ballot box, to change their constitution.
"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.
The announcement of the decision has caused an outcry from coast to coast including those gathered in San Francisco to hear the announcement.
"Even though our marriage is preserved by today's decision, we take no joy in the fact that marriage equality for almost everyone else has been removed from our state," said gay activist Robin Tyler. "The upholding of Proposition 8 by the court is a cowardly retreat from the pro-equality stance it took last year, and makes our state a laggard behind pro-equality states like Iowa and most New England states."
Tyler with her wife, Diane Olson, were the first and only couple married on June 16, 2008 in Los Angeles County. They married during the months after the California Supreme Court embraced same-sex marriage rights and before Proposition 8 cut off that right. They were the first plaintiffs in the suit which brought about the original court decision and were co-plaintiffs in the suit just decided by the court today.
The justices ruled on a lawsuit seeking to invalidate the November results of a referendum that placed a gay marriage ban in the California Constitution.
Proposition 8 effectively overturned the high court's 4 to 3 decision that legalized gay marriage last May and put an end to the thousands of gay and lesbian marriages that took place during the June-to-November "summer of love" when gay marriage was legal.
Gay marriage proponents began preparing for the decision in March, shortly after the court heard oral arguments.
The largest event, The Day of Decision, is being organized by veteran gay activists Tyler and Andy Thayer from Chicago's Gay Liberation Network. The multi-state demonstration is scheduled to take place tonight.
Marriage protest in Boystown
Chicago's protest rally will begin at 7 p.m. tonight, in front of the Center on Halsted community center, 3656 North Halsted St. The protest initiated by the Gay Liberation Network and is co-sponsored by JoinTheImpact/Chicago and the Coalition for Justice and Respect. Other Illinois cities hosting actions include Champaign/Urbana, Peoria and Springfield.
Local reaction
"Today is a sad day in our history," Center on Halsted Executive Director Modesto Tico Valle told ChicagoPride.com. "More than ever, we must harness our power as a community and reunite in our fight for human rights."
"Today's decision shows that LGBT people, our friends and supporters in every state must work harder, organize better and speak out now more than ever before," said Illinois State Representative Greg Harris (D-Chicago). "Our enemies are mobilized and politically active and we must be too."
Harris, who is gay, proposed a bill earlier this year that would recognize civil unions in Illinois. The proposal cleared a House committee but requires a vote before the full House.
"The court's decision today is in stark contrast to the most recent movements throughout our country," added Valle.
Day of Decision activities nationwide
Over 20 states have planned Day of Decision activities on Tuesday in solidarity with California activists. A full listing of tonight's actions in nearly 100 cities in the U.S. and Canada can be found at www.DayOfDecision.org
Proponents of same-sex marriage say reaction to Tuesday's ruling will not end with demonstrations. Activists in California are preparing to place gay marriage back on the California ballot.
Four states -- Connecticut, Maine, Massachusetts and Iowa -- allow same-sex marriages. A Vermont law making such marriages legal will take effect in September.
More details coming on ChicagoPride.com and the GoPride Network. Carlos Santoscoy from OnTopMagazine.com contributed to this report.
The court's decision announced at Noon (CDT) upholds the ban on new same-sex marriages, but lets the estimated 18,000 existing marriages stand.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the people have a right, through the ballot box, to change their constitution.
"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.
The announcement of the decision has caused an outcry from coast to coast including those gathered in San Francisco to hear the announcement.
"Even though our marriage is preserved by today's decision, we take no joy in the fact that marriage equality for almost everyone else has been removed from our state," said gay activist Robin Tyler. "The upholding of Proposition 8 by the court is a cowardly retreat from the pro-equality stance it took last year, and makes our state a laggard behind pro-equality states like Iowa and most New England states."
Tyler with her wife, Diane Olson, were the first and only couple married on June 16, 2008 in Los Angeles County. They married during the months after the California Supreme Court embraced same-sex marriage rights and before Proposition 8 cut off that right. They were the first plaintiffs in the suit which brought about the original court decision and were co-plaintiffs in the suit just decided by the court today.
The justices ruled on a lawsuit seeking to invalidate the November results of a referendum that placed a gay marriage ban in the California Constitution.
Proposition 8 effectively overturned the high court's 4 to 3 decision that legalized gay marriage last May and put an end to the thousands of gay and lesbian marriages that took place during the June-to-November "summer of love" when gay marriage was legal.
Gay marriage proponents began preparing for the decision in March, shortly after the court heard oral arguments.
The largest event, The Day of Decision, is being organized by veteran gay activists Tyler and Andy Thayer from Chicago's Gay Liberation Network. The multi-state demonstration is scheduled to take place tonight.
Marriage protest in Boystown
Chicago's protest rally will begin at 7 p.m. tonight, in front of the Center on Halsted community center, 3656 North Halsted St. The protest initiated by the Gay Liberation Network and is co-sponsored by JoinTheImpact/Chicago and the Coalition for Justice and Respect. Other Illinois cities hosting actions include Champaign/Urbana, Peoria and Springfield.
Local reaction
"Today is a sad day in our history," Center on Halsted Executive Director Modesto Tico Valle told ChicagoPride.com. "More than ever, we must harness our power as a community and reunite in our fight for human rights."
"Today's decision shows that LGBT people, our friends and supporters in every state must work harder, organize better and speak out now more than ever before," said Illinois State Representative Greg Harris (D-Chicago). "Our enemies are mobilized and politically active and we must be too."
Harris, who is gay, proposed a bill earlier this year that would recognize civil unions in Illinois. The proposal cleared a House committee but requires a vote before the full House.
"The court's decision today is in stark contrast to the most recent movements throughout our country," added Valle.
Day of Decision activities nationwide
Over 20 states have planned Day of Decision activities on Tuesday in solidarity with California activists. A full listing of tonight's actions in nearly 100 cities in the U.S. and Canada can be found at www.DayOfDecision.org
Proponents of same-sex marriage say reaction to Tuesday's ruling will not end with demonstrations. Activists in California are preparing to place gay marriage back on the California ballot.
Four states -- Connecticut, Maine, Massachusetts and Iowa -- allow same-sex marriages. A Vermont law making such marriages legal will take effect in September.
More details coming on ChicagoPride.com and the GoPride Network. Carlos Santoscoy from OnTopMagazine.com contributed to this report.