The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed...
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the Californians have a right, through the ballot box, to change their constitution.Notwithstanding the fact that in May 2008 the same court found that denying same-sex couples the right to marry violated the privacy, due process, and equal protection provisions of California's founding document, the majority opinion reasoned that "Because the California Constitution explicitly recognizes the right of the people to amend their state Constitution through the initiative process, the people, in exercising that authority, have not in any way impermissibly usurped a power allocated by the Constitution exclusively to the judiciary or some other entity or branch of government."
Carlos Moreno, the lone dissenting justice in today's decision, had been rumored to be on Obama's short list for the U.S. Supreme Court.
Click here for the full-text of the 185-page opinion.