BREAKING: The California Supreme Court on Tuesday upheld same sex marriages that were already performed but upheld voters’ rights to uphold the state constitution banning gay marriage
At issue in the court decision were two questions about Proposition 8, which 52 percent of voters approved in November — just six months after a divided court issued its groundbreaking ruling to allow same-sex nuptials.
The first question was whether the measure amounted to an improper method of amending the state Constitution — essentially targeting a minority group by depriving gay couples of the right to marry. The second was what to do with the 18,000 same-sex marriages that took place before Proposition 8 took effect.
Justices heard arguments from both sides in March, appearing reluctant to overturn the will of the voters but also seemingly opposed to canceling any existing marriages.
Tuesday’s ruling upholds the will of California voters as expressed in Proposition 8 while at the same time validating the legal status of some 18,000 same-sex couples who were married in California between June — when the legalization took effect — and Election Day in November.