California high court upholds same-sex marriage ban
Story Highlights
NEW: Gov. Arnold Schwarzenegger praises court for leaving 18,000 marriages intact
Dissenting opinion says decision "fundamentally alters" state constitution
Court's 6-1 ruling met with chants of "shame on you" from crowd of about 1,000
Voters in November approved ban on same-sex marriage
SAN FRANCISCO, California (CNN) -- The California Supreme Court on Tuesday upheld a ban on same-sex marriage that state voters passed in November, but it allowed about 18,000 marriages performed before the ban to remain valid.
The 6-1 decision was met with chants of "shame on you" from a crowd of about 1,000 people who gathered outside the court building in San Francisco.
"It's nice that my marriage is still intact, but that's not the point," said Kathleen White, who married her partner in 2008. "The point is that everybody should have the same civil rights across the board."
Opponents of the ban argued that the controversial Proposition 8 improperly altered the California Constitution to restrict a fundamental right guaranteed in the state's charter.
But the court found the measure restricted the designation of marriage "while not otherwise affecting the fundamental constitutional rights of same-sex couples." Watch what was at stake »
"We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid," California Chief Justice Ronald George wrote.
The court, which is dominated by Republican appointees, ruled in May 2008 that the state constitution guaranteed gay and lesbian couples the "basic civil right" to marry. The 4-3 decision came four years after San Francisco began issuing marriage licenses to same-sex couples.
But in November, state voters approved the Proposition 8 ballot initiative 52 percent to 48 percent. The measure provided that only heterosexual unions would be recognized as marriages by the state.
California Gov. Arnold Schwarzenegger, who opposed the initiative, praised the court for leaving the previous marriages intact and urged opponents of the decision to respond "peacefully and lawfully."
"While I believe that one day either the people or courts will recognize gay marriage, as governor of California, I will uphold the decision of the California Supreme Court," Schwarzenegger said in a statement.
Supporters of the proposition argued that Californians long have had the right to change their state constitution through ballot initiatives. The effort to overturn the restriction "strikes directly at the heart of California's system of government," a brief by the conservative Family Research Council argued.
CaliforniaAttorney General Jerry Brown sided with advocates of same-sex marriage, stating in court papers that Proposition 8 "put the fundamental rights of a minority group to a popular vote." And in his dissenting opinion, Justice Carlos Moreno wrote that the measure "violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning."
"The majority's holding is not just a defeat for same-sex couples, but for any minority group that seeks the protection of the equal protection clause of the California Constitution," Moreno wrote.
Proposition 8's approval sparked protests against and criticism of the Church of Jesus Christ of Latter-day Saints, which strongly supported the measure.
Opponents of the ban said the Utah-based church donated a majority of the money that funded the Proposition 8 campaign. But the Mormons said they were being unfairly singled out for criticism when other religious leaders -- including Cardinal Roger Mahoney, the Roman Catholic archbishop of Los Angeles -- also supported the ban.
Tuesday's decision left unaddressed whether same-sex marriages performed in other states before the ban was adopted would be recognized in California.
Four states -- Connecticut, Maine, Massachusetts and Iowa -- allow same-sex marriages. A Vermont law making such marriages legal will take effect in September.
On May 6, same-sex marriage became legal in Maine as Gov. John Baldacci signed a bill less than an hour after the state Legislature approved it.
In April, the Iowa Supreme Court ruled unanimously that it is illegal to discriminate against same-sex couples by denying them the right to marry. The first gay marriages in the state took place April 27.
The District of Columbia voted May 5 to recognize same-sex marriages performed elsewhere, though it does not itself give marriage licenses to same-sex couples.
In April, New York Gov. David Paterson introduced legislation to make same-sex marriage legal in his state.
New Hampshire's move to legalize same-sex marriage hit a road bump Wednesday after that state's House of Representatives did not agree to legislation changes made by the governor. iReport.com: React to court decision and share photos, video
Both the House and Senate already had approved allowing gay couples to marry. But Gov. John Lynch, a three-term Democrat, said he would sign a same-sex marriage bill only if it provides "the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions."
The House on Wednesday fell two votes short of approving Lynch's language. The chamber then voted to send the legislation to a committee to be considered further.
All AboutCalifornia • Same-Sex Marriage • Constitutional Law



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