Per the LA Times, the State Supreme Court just issued its decision to uphold the constitutionality of Proposition 8.  It also held that those gay couples who were married prior to the passage of the horrific proposition will continue to be legally married.  The fight continues ….

Update: Now that traffic to the Supreme Court’s decision has died down, you can mosey on over here to read the 100+ page opinion for yourself.  Choiciest quote so far, at page 9:

We agree with petitioners that the state constitutional right to equal protection of the laws unquestionably represents a long-standing and fundamental constitutional principle (a constitutional principle that, as we already have explained, has not generally been repealed or eliminated by Proposition 8). There are many other constitutional rights that have been amended in the past through the initiative process, however, that also are embodied in the state Constitution’s Declaration of Rights and reflect equally long-standing and fundamental constitutional principles whose purpose is to protect often unpopular individuals and groups from overzealous or abusive treatment that at times may be condoned by a transient majority. Neither the language of the relevant constitutional provisions, nor our past cases, support the proposition that any of these rights is totally exempt from modification by a constitutional amendment adopted by a majority of the voters through the initiative process.


  1. My family is from Iowa and it is a lovely state. BUT how the hell are we BEHIND them on this!?!

  2. I’m not bashing Iowa. I am praising them. Just in case any militants come after me for what I said.

  3. If you read the Supreme Court decision, it’s clear that the court had to rule on the constitutionality of the process, and not the issue. The court had already ruled that the state constitution couldn’t restrict marriage to heterosexual couples only, so the bigots went and changed the constitution, which for reasons that elude my sense of rationality can be changed by a simple majority.

    California’s democratic process is out of control and our state has nothing but bankruptcy, the triumph of bigotry and failure to show for it

  4. which for reasons that elude my sense of rationality can be changed by a simple majority

    As Thomas Jefferson said, “Democracy is simply mob rule.” The only way to reverse Proposition 8 is to get a new ballot initiative going … with a majority behind it. Quite a paradox, no?

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