California Court Upholds Prop 8

By

ellen degeneres, portia de rossi
The gay marriage ban in California was not overturned by its Supreme Court.

According to the LA Times, California's Supreme Court has voted 6 to 1 to uphold the controversial Proposition 8 addendum to California Law. The law narrows the definition of marriage to a single man and a single woman.

The bill was part of the November 4th (Super-duper Tuesday for Barack Obama backers) ballot and featured millions and millions of dollars in donations from both sides of the gay marriage issue.

While it comes as very little surprise that the court upheld the law (which overturned a previous court decision codifying same-sex unions), they unanimously agreed to grandfather (or grand papa, if you prefer) the roughly 18,000 gay marriages that took place between the legal events.
Some gay rights advocates believe that the issue will be put back to voters to decide (again) as early as 2010. The original Prop 8 squeaked into ratification with 52% of the vote and some political experts believe that the popular outpouring of historically apathetic voters may have actually hurt the bill's chances of being blocked. Read: Ellen and Portia Marriage Illegal?

It's also possible that the bill's concept may have been slightly confusing ie "are we proposing to ban gay marriage or allow it? Man, that medicinal marijuana makes a lot of things really difficult, brah. Did you see Lost the other night? Whoa, a real thinker. What were we talking about?"

While it's not terribly surprising that Connecticut, Massachusetts, Vermont and Maine* are down with gay marriage, it's a little counter-intuitive that Iowa is effectively more liberal on a huge social issue that California. Though it is widely held that Des Moines has a sizable homosexual population. It's possible that the increase of on-location filming has lessened Hollywood's sway over residents of the Golden State. Now would probably not be a good time to invest in turquoise wedding jewelry futures.

All in all, you'd guess that this battle will continue for some time as advocates on both sides of the issue likely view San Francisco's home as the keystone in the national gay marriage discussion. It will be interesting to see what the president has to say about the upheld bill.

If anyone has the exact wording of the ballot line, I'd love to see it.

*Note: Maine and Vermont have passed legislation on gay marriage that does not go into effect until September 2009.

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