Tuesday, May 26, 2009

CA Supreme Court: Prop 8 stands, but 18000 marriages will also stand

The California Supreme Court has let Proposition 8 stand, but has ruled that the 18000 or so gay marriages performed in 2008 before the referendum will stand and remain “legal”. The breaking news story appears at the San Francisco Chronicle, by Bob Egelko, link to brief story here. The ruling went 6-1 and media reports indicate huge crowds at the court.

The opinion should appear at this link shortly. The server traffic is so heavy that I could not yet bring it up online. The case is Strauss v. Horton, No. S168047 (Calif.) The PDF finally started to come up when requested Tuesday night (here).

CNN’s live streaming report is here.

The Daily Kos has an article "California is now a radical experiment in government", link here, comparing Proposition 8 to Proposition 13 in 1978, which rolled back property taxes.

More details as to the legal reasoning should be forthcoming this afternoon. But the Court has apparently ruled that voters in California have acted within the means provided by the state constitution.

Update: July 1, 2009

Lisa Leff has an AP story in the Washington Post today, "Judge favors trial soon on Calif. gay marriage ban", link here.

U.S. District Court Chief Judge Vaughn Walker favors a speedy trial on the merits of the merits of Proposition 8 according to federal constitutional issues, but declines to overturn the effect of the referendum.

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