California Court Upholds State Ban on Gay Marriage

The California Supreme Court ruled yesterday to uphold a California, voter-determined ban on same sex marriage, thwarting efforts by gay rights activist to get the amendment removed from California law. The decision, 6-1 in favor of upholding the ban, was a blow to activist, but they vowed to continue the fight. Those petitioning the high court in California noted that the ban essentially revised their state’s constitutional equal protection clause and that such an alteration would require legislative approval to amend the state’s constitution.

According to the ruling: "In a sense, petitioners’ and the attorney general’s compliant 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 court also ruled that same sex couples who were married in California prior to the ban will remain legally married. Jeannie Rizzo, in response to that aspect of the ruling, noted, "It’s not about whether we get to stay married. Our fight is far from over. I have about 20 years left on this earth, and I’m going to continue to fight for equality every day."

Couple Sharon Papo and Amber Weiss were married on June 17 last year, the first day that same sex marriage was legal in 2008. Said Weiss, "We’re relieved our marriage was not invalidated, but this is a hollow victory because there are so many that are not allowed to marry those they love." Papo added, "I feel very uncomfortable being in a special class of citizens."