Calif. high court upholds gay marriage ban

This truly should not be a surprise. State supreme courts have almost always affirmed these ballot measures. It would have been nice if California had done otherwise, but all the precedents across the country pointed to this conclusion.

The one good thing about this ruling is that the 18,000 thousand same-sex marriages already performed will be preserved. Over time, they should serve as a platform to campaign once again for full marriage equality for all Californians.

Though this one was lost, there is another important battle going on right now on the other side of the country for marriage rights for all. That is the one in New York, and it can still be won.

In fact, Megan McCain just wrote a letter to her fellow Republicans in New York state in which she fully and completely endorsed gay marriage.

http://current.com/items/90125553_senator-john-mccains-daughter-megan-urges-gop-...

And you all thought Christianity was dieing, HA!

Left wingers upset because the will of the people is upheld? Yep no left wing fascists around here anywhere...

Marriage is a silly religious institution. Why, oh why would anyone wish to get married? "Traditional Marriage"
let the breeders keep it. . . think of something more out of the box

who cares, let people do what they want

This is NOT "Mob Rule."

Was the election of Obama "Mob Rule?"

Please, do not pretend that our system is "Mob Rule," that is ridiculous.

Do you want the courts to decide everything? We might as well go back to having a King as well. Just leave the people out of it, they are not educated enough to make proper decisions. Let's let the sophisticated courts decide everything. Get a clue.

I also hate it when people complain about so called "Religious Values" mixing with Government policy.

Values are values and the religious part is like saying "Gay values" "Black values" "White values." Values are values.

Why would any sane individual want to enter into a contract that is layed out by the government?If marriage was to cure illness i would die first.

Anyone spouting off "the people have spoken" should feel free to go back to the jungle and be ruled by the largest male with the biggest muscles. We live in a civilized society, ruled by an advanced system meant to protect us from mob rule/ rule of the "strong." There have been more than enough posts here illustrating the fact that our government is not run by the mob, none of which have been answered, much less successfully argued against.

Don't bring religion into it, because it is not a religious issue. It is a legal one. No one will force Christian churches to marry gay people, just like no one is stopping pagan marriage ceremonies between two people of the same sex now. First amendment, remember? Christianity doesn't own the word "marriage," and neither do heterosexuals. Those that think otherwise are fooling themselves. Take a lesson from your lord and savior and "live and let live." Prove that you're not a bunch of brazen hypocrites.

And don't start with that "slippery slope" bullsh*t, because you'll just make yourself sound like a complete dolt who doesn't know the meaning of the words "consenting adult [human being]." Embrace your bigotry. Announce it. Don't be a pussy.

Land of the free, i think not. When it comes down to it this here is a human rights issuse. Republicans & these religouis groups only belive in there rights & there freedoms. They also think that everyone should think just like them.

When the No on 8 people get enough votes to change things by a majority of the legal voters, it'll change. What the fuck is so hard to understand about that. As the population ages, more young people, who you have to admit are more openminded about such things, will vote for gay marriage and it will change. Right now, it's not there yet. Sniveling, calling bigotry, unfairness, and everything else that is being said will not help anybodies cause. According to different sources, between 1% and 10% of the population is homosexual. Personally, I think it's closer to the low end. It really won't make any difference in the lives of most people one way or the other. Why the big stink about it now?

Prop 8 will be overturned the next time the voters head to the office. Why? Last time, nearly 80% of African Americans said YES to Prop 8, while every other race was basically split much more closely, with most 51% NO to Prop 8. The effect of African Americans was so great because so many of them were at the polls not to vote on Prop 8, but to vote for the first dark-skinned pesidential nominee. Next year there won't be as much of an influx of African Americans due the lack of hype about the election. So hopefully this will allow equality for the state of california.

at the end of the day what bad can come out of letting gay people get married, its just people with there traditions trying to hold to somthing from the past because there frietend of change.

Not sure - is one born gay or not? I thought one is born asexual to be quite honest with you. Definitely a boy or a girl (save for the ultra-small percentage of non-gender specific babies). So at some point, one chooses, leans, prefers the opposite or same sex partners. I've heard gays describe their choice was due to missing a parent, parental abuse, drug dependencies, etc. Riddle me this - why can gay men speak normally when they so choose - and at other times, they speak like "queens"? No insult intended...

Two law professors today told CNN that the California Supreme Court's hands where tied because of the Prop 8 was voted in as legislation. However, they also point out, (which is really more important) that they believe that the Supreme court deliberately left the door open for an appeal that they can not hear. In other words, by allowing the 18,000 same sex marriages to stand, it stands on a ruling they made. The Prop 8 was legislative and not made by them. Hence their ruling stands and the only way that it can be appealed is by going to the U.S. Supreme Court. This is going to be interesting. The risk there is that the US. Supreme Court can overturn the 18,000 same sex marriages. Thoughts?

Of all the states that allow same sex marriage, you would think California would be one of them.

Simply put, anyone who is against equal rights on the basis of orientation is a bigot. Full stop. There is NO justification at all and any claims to the contrary are foolish and laughably stupid on their face.

Those who don't like being called a bigot should stop being a bigot.

fucking iowa, but not california, beautiful.

Put some damn logic and reason behind the laws, this is one law that doesn't have it.

Merely a mass of emotionally appealing people looking to mythological texts to justify their distaste for another.

Why did I have to be born in the 1980s?

Why couldn't I be born much, much later, into a society that accepts me?

Why must I fight for my rights? I shouldn't have to defend who I am...

I'm sad.

anyone else want to join me in protesting getting married in California until everyone can get married? My boyfriend and I have begun talking about marriage and will probably do so within the next few years. But I just wouldnt feel right getting married in California knowing my friends cannot get married here.

Guess I should start looking into honeymoon spots in Iowa!

Upholding the will of the people is, in most cases, the way to go, but when the majorirty becomes tyrannical, as in this case, we have the court system. Unfortunatly, they made the wrong descision.

The majority isn't always right.

Which is why we live in a Republic and not a democracy and anyone who tells you otherwise is beyond being wrong.

It's not a Deomocracy, it's not a Democratic/Republic, it's a Republic.

What people need to realize is that Prop 8 only won by a slim, tiny majority of a few percent, so don't be so quick to say "the people have spoken" or something like that.

People need to stop calling California the most liberal state in the Union. It's not. We passed Prop 8 and elected a damn actor to be our governor.

This means that YES, the vote of the people really does mean something, and the will of the people should never be dismissed or ridiculed. Those who would say "Well, we don't care what the voters say!" are self centered bigots, and are willing to ignore the majority belief, claiming their view is morally superior. So there really is common sense in California. But this is California, after all, so eventually gay marriage will be the law of the land- and when this happens, freedom of religion will cease to exist.

Humanity really is disappointing sometimes. Why do we insist on treating other people like shit?

It all starts with the religions. They're poison.

hurray for upholding discrimination! :/

I thought the government and specifically the supreme courts were supposed to protect the rights of the minority from oppression from the majority. Guess all those politics classes I took were just a load.

Remember at one point the majority voted for segregation...should we have upheld that?

WTF Cali? I thought you were supposed to be cutting edge and trend setting? Right now you're getting outdone by the East Coast...

If Homosexual people want to get married, I say they have the right to be as miserable as everyone else...

This crusade is nothing more than just a exercise is futility aimed nothing more than just to fuel the bitterness the gay movement have against religion.

Give up on that crusade and take on a civil union...it is not as revengefull as "winning over religious intolerance" but it fulfills the original reasons why this fight started.

Come on guys, a civil union is better. it does not have that relgious ties and its something that you can call your own..lets all go home and enjoy life..

Thats a shame...

Ughh lame.

this is interesting because it appears that a lot of viewers believe that it is an easy task to make the decision to keep the ban. Sure, socially, it is a step backwards. But I dont think the judges, with all their knowledge and experience regarding ethics, are sitting around considering how can I make gay people mad. A lot of the responces seem like personal attacks. Unfortunately, in this weird pseudo-democracy, this is how the people feel, ignorant or not.

What's more, all this leads me to think is that people have too much time on their hands; concerned with who else is getting married. It doesn't follow that, if you understand history, ethics, and other fields of academia that may shed light on this subject that you would want to ban gay marriage. it's along the lines of people who say more by what they are not saying, then by what they are.

I don't like it when other people have the right to decide what someone else can and cannot do. Its scary and when and where will it stop?

HAHAHA! Voters Win and the 1% LOSE!
NEXT STORY......

This is absurd. So basically, this is rubber stamping that it's ok to give partial citizenship to our homosexual brethren. Who pay taxes, fight wars, fix cars, etc, like everyone else, but because of their lifestyle they do not receive the full rights of citizenship under our Constitution. As we have seen in the past, civil rights can not be left up to the whim of the body politic which has proven time and time again, that they are not able to do what is good for our country. This in not American. This ruling is completely perpendicular to fundamental ideas of what America is.

Sad.

@nafsidan - clear thinking. "forcefully applied to every state in the union" - that's the matra of today's government. And for that, I hate liberal democrats.
As to gay marriage - the people of Cali voted - like it or not - that's democracy at work. Except in your case - if you don't agree with the outcome - then it's the "tyranny of the majority", biggotry, intolerance, etc. WTF? Cali is one open fucking minded state - and they voted to preserve the sanctity of marriage. Y'all have some options - accept it, move to Iowa or fight it until you inundate everyone so much that they will let you have it - but let me warn you - once you get it, you will not be happy either. You're community leaders will trumpet another "worthy" cause - like to teach 'gayness' in public schools or something like that.

remember people ths was voted on by the people and this country is run by those people i have no problem with gay marriage but the people in cali apprently do

i can see not allowing gay couples to marry in a religious institution if it's "against" what the religion teaches at "true" or "right"...but the state is supposed to be separate.

I think anyone who wants to be legally united to someone else for whatever reason should be allowed to do so, but my question about this particular case is how can an amendment to a constitution be unconstitutional? That's kind of a paradox. Other than that, go ahead and marry or civil unionate whomever you like. Don't bother me none.

The founders warned us of tyranny of the majority, and here it is at work, the courts were meant to balance that out, but it seems they didn't have the guts to oppose the irrational will of the people.

"All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. "-Thomas Jefferson

The equality movement most likely won today. The issue will now be going federal, and same-sex marriage rights will have a chance to blanket the entire US rather that just the state of California.

Under the federal constitution, citizens have the right to enter contracts, and they are ensured the freedom of religion. Since marriage is a legal and religious contract, the supreme court should rule that same-sex marriages are legal, and will be forcefully applied to every state in the union.

The real winners today are those in favor of a strong central government, and the real losers are state's rights advocates. California just gave away the right for states to decide who can and cannot get married in any state. Equality in marriage is going to happen one way or another, but at what cost?

Californians who voted no on prop 9 roll call!

Disgusting! It's 2009! We still haven't learned to coexist, tolerate or accept one another?!!? This and all prejudice is the bane of civilization. As this old-world stupidity runs rampant,... civil rights die, progress is stunted and tensions run dangerously high. Is unity too much to ask for?

WE DISGUST ME

Hahaha - this is so cool!!! I know ya'll going to "flame" me for this post - "flame" me - that's appropriate too! I am not a religious nut, nor am I a homophobe or a gay-basher. But why can't you all understand that we live in a democracy - people voted to keep MARRIAGE as a traditional institution - a legal union between a man and a woman. Even in the leftie-liberal state of Cali - the majority of people are for keeping marriage multi-sexed - if there's such a word. That's all there is to it. You, the gay people, are allowed to do anything and everything - which is fine - you are just as human as any heterosexual and just as a citizen. But at least for now, the whole concept of marriage is understood to be a heterosexual union - it's really quite simple!
BTW - there will never be more gays than straights - the society will die if this ever happens. Two hetero parents - 1 or more children. 2 homo parents - 0 children (naturally born). I am not counting the test tube baby births by the lesbians here.
So flame away - that's what you're good at, isn't it? You have all the equalities in our society - queer shows and movies, queer dancers and athletes, queer politicians and even religious leaders. Settle down and appreciate the freedoms - it is a lot worse for your ilk in societies of many of less-democratic nations - Russia, Saudi Arabia, Iran, etc. I suppose it could be better is some ultra-liberal socialist European countries - but there, it's temporary - as these countries fall into the Islamic fold - which is just a matter of time, they will severely reverse their policies on gays - and your ilk will be hunted and persecuted there in time. No, that is not what I want - I am personally OK with your choice of sexuality - but I'd prefer if you kept it to yourself, instead of trumpeting "gay pride" all over the world. Kind of - not in my face, please... Or is that too much to ask for?

Once upon a time our country was divided into slave states and free states in much this manner.

Seems this time around California is a slave state.

Heartbreaking.

well cali is more than liberal cities with good wine, there's a lot of open heartland "country" here too. It'll pass though society always progresses on easier to swallow issues like this over time. Abortion, thats a tough one...

Can the message to citizens be any more mixed up? They allow the existing gay marriages to stay but no new gay marriages. Personally I do not want same-sex marriage but I do want a consistent and coherent message from my governments. They can enjoy all the rights and benefits of marriage but call it a union. All marriages & unions should have annual renewals put in a contract anyway.

being anti-gay is gay

I am deeply saddened that California will not be an equality state until 2010 when California voters will turn out to support Equality.

http://seattletimes.nwsource.com/html/localnews/2009263752_webmarriagelocal26.ht...

If there's a silver lining, it's that there have been 18,000 same-sex marriages conducted in California confirmed as legal. That's a big step forward from a couple years ago.

Prop. 8 was a setback, but I believe it will go down in history as a temporary measure that simply delayed the inevitable.