Prop. 8 upheld by California Supreme Court

The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.

The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.

Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.

The concept of a court overthrow of a CONSTITUTIONAL AMENDMENT is sort of wierd for the Chief to wrap his mind around to begin with…don’t Supreme Courts INTERPRET Constitutional Law…not decide what parts of a Constitution can/should be valid? Apparently even in California this is still the case, at least for now.