Gay Marriage Ban Upheld in California

by Damozel | If there's an upside to this affirmation of the right of the Right to make their fellow Americans miserable, it's that the same-sex couples who married beforehand get to stay married.  The New York Times reports:

Today’s opinion, written by Chief Justice Ronald M. George for a 6-to-1 majority, said that same-sex couples still have the right to civil unions, which gives them the ability to “choose one’s life partner and enter with that person into a committed, officially recognized, and protected family relationship that enjoys all of the constitutionally based incidents of marriage.” But the justices said that the voters had clearly expressed their will to limit the formality of marriage to opposite-sex couples.

Justice George wrote that Proposition 8 did not “entirely repeal or abrogate” the right to such a protected relationship, but argued that it “carves out a narrow and limited exception to these state constitutional rights, reserving the official designation of the term ‘marriage’ for the union of opposite-sex couples as a matter of state constitutional law.”

The 18,000 existing marriages can stand, he wrote, because Proposition 8 did not include language specifically saying it was retroactive.

I'll write more on this when I calm down.  For now, check out Memeorandum.

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