Tuesday, May 26, 2009

Prop 8 Upheld

Prop 8 Upheld

Californa supremes will recognize previous gay marriages. 

The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.

9 comments:

bluepitbull said...

Wow, RK, the supreme court didn't attempt to legislate. Incredible.

Let's see how long this ruling lasts.

RightKlik said...

Blue: The court split 6-1 on the constitutionality of Proposition 8. It will be interesting to read the dissenting opinion: http://tr.im/SupremeProp8

suek said...

Maybe it's just me...but....

I can sort of see grandfathering the marriages - IF - they had occurred before prop 8 passed, BUT...if Prop 8 is valid, then wasn't it valid as soon as it passed? as opposed to being valid when the SC "passed" it? If it was valid when it was passed, then doesn't that invalidate the marriages?

Or did the marriages occur before Prop 8 passed?

RightKlik said...

suek: my assumption was that these people were married before prop 8 passed.

Bungalow Bill said...

This is going to get really ugly the next time.

HarryO said...

Wow...the court makes a decision and not legislation (this Sotomayor woman scares me, but that's another subject).

I have to say GOOD JOB to the court on this one for following up on the wishes of the people who VOTED FOR Prop. 8!

But, does that mean that Cali (and other states) will have to "legally" recognize gay marriages from Iowa and the other states that allow them?

RightKlik said...

BB: It will be interesting to observe the immediate reation. Let's hope the protesters don't attack little old ladies and other innocent bystanders.

Harry: "But, does that mean that Cali (and other states) will have to "legally" recognize gay marriages from Iowa and the other states that allow them?"

At this point, I don't think so...but stay tuned.

suek said...

>>But, does that mean that Cali (and other states) will have to "legally" recognize gay marriages from Iowa and the other states that allow them?>>

DOMA says "no", I think. But who knows! And it could change as soon as someone manages to raise a challenge that goes up to the SC.

RightKlik said...

Suek: DOMA says "no", I think. But who knows!

I think you're right, but I'm not a lawyer, thank goodness.