18,000 Cal. gay marriages in limbo until March at earliest
11.20.2008 9:06am EST
(San Francisco, California) California’s highest court agreed Wednesday to hear several legal challenges to the state’s new ban on same-sex marriage but refused to allow gay couples to resume marrying before it rules.
The California Supreme Court accepted three lawsuits seeking to nullify Proposition 8, a voter-approved constitutional amendment that overruled the court’s decision in May that legalized gay marriage.All three cases claim the measure abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.
As is its custom when it takes up cases, the court elaborated little. However, the justices did say they want to address what effect, if any, a ruling upholding the amendment would have on the estimated 18,000 same-sex marriages that were sanctioned in California before Election Day.
Gay rights groups and local governments petitioning to overturn the ban were joined by the measure’s sponsors and Attorney General Jerry Brown in urging the Supreme Court to consider whether Proposition 8 passes legal muster.
The initiative’s opponents had also asked the court to grant a stay of the measure, which would have allowed gay marriages to begin again while the justices considered the cases. The court denied that request.
The justices directed Brown and lawyers for the Yes on 8 campaign to submit arguments by Dec. 19 on why the ballot initiative should not be nullified. It said lawyers for the plaintiffs, who include same-sex couples who did not wed before the election, must respond before Jan. 5.
Oral arguments could be scheduled as early as March, according to court spokeswoman Lynn Holton.
“This is welcome news. The matter of Proposition 8 should be resolved thoughtfully and without delay,” Brown said in a statement.
Both opponents and supporters of Proposition 8 expressed confidence Wednesday that their arguments would prevail. But they also agreed that the cases present the court’s seven justices – six of whom voted to review the challenges – with complex questions that have few precedents in state case law.
Although more than two dozen states have similar amendments, some of which have survived similar lawsuits, none were approved by voters in a place where gay marriage already was legal.
Neither were any approved in a state where the high court had put sexual orientation in the same protected legal class as race and religion, which the California Supreme Court did when it rendered its 4-3 decision that made same-sex marriage legal in May.
Opponents of the ban argue that voters improperly abrogated the judiciary’s authority by stripping same-sex couples of the right to wed after the high court earlier ruled it was discriminatory to prohibit gay men and lesbians from marrying.
“If given effect, Proposition 8 would work a dramatic, substantive change to our Constitution’s ‘underlying principles’ of individual equality on a scale and scope never previously condoned by this court,” lawyers for the same-sex couples stated in their petition.
The measure represents such a sweeping change that it constitutes a constitutional revision as opposed to an amendment, the documents say. The distinction would have required the ban’s backers to obtain approval from two-thirds of both houses of the California Legislature before submitting it to voters.
Over the past century, the California Supreme Court has heard nine cases challenging legislative acts or ballot initiatives as improper revisions. The court eventually invalidated three of the measures, according to the gay rights group Lambda Legal.
Andrew Pugno, legal counsel for the Yes on 8 campaign, said he doubts the court will buy the revision argument in the case of the gay marriage ban because the plaintiffs would have to prove the measure alters the state’s basic governmental framework.
Joel Franklin, a constitutional law professor at Monterey College of Law, said that even though the court rejected similar procedural arguments when it upheld amendments reinstating the death penalty and limiting property taxes, those cases do not represent as much of a fundamental change as Proposition 8.
“Those amendments applied universally to all Californians,” Franklin said. “This is a situation where you are removing rights from a particular group of citizens, a class of individuals the court has said is entitled to constitutional protection. That is a structural change.”
The trio of cases the court accepted were filed by six same-sex couples who have not yet wed, a Los Angeles lesbian couple who were among the first to tie the knot on June 16 and 11 cities and counties, led by the city of San Francisco.





I am confident this will be resolved and marriage will be equal to all parties.
I have been reading the ruling by the CA Supreme Court in May and it was very explicit in “upgrading” homosexuals as a “suspect class” citizen. Sexual orientation is a condition that qualifies for “strict scrutiny” with regard to law creation and enforcement.
Correct me if I am wrong, but what that implies is that the state defendants of proposition 8 need to declare that banning same-sex marriage is of compelling interest to the state because it would either deface “traditional” marriage, declare that “civil union” has EXACTLY the same dignity as “marriage”, declare that homosexual relationships are in some indisputable way lesser than heterosexual relationships, and to demote homosexuals to be “second class citizens”.
I doubt the state can pull off that kind of proof. The Supreme Court did a very good job in the ruling being very succinct and clear why they chose the ruling they did.
We can only hope, and pray, that the Supreme Court Justices in their infinite wisdom will deem the legal, civil rights of equal marriage to Gay people as law under the Constitution of the State of California. A grave and tragic injustice has been enforced upon the gay community which will require much thought, consultation, hours, days, weeks and months of meditation to ensure this unfortunate situation does not repeat itself again. Sadly, there are couples who are paying dearly for these events, it does cause a lot of stress, but justice shall prevail – don’t lose faith.
I do not see how the legally executed and recorded marriages can be effected. We have a long tradition of no ex post facto in the US and this is a clear case of that. Prop 8 is nothing more than an ex post facto law, so you can not be held to the new standard after the fact.
How amazing that you humans KNOW the word of God; what you know is the word of man, many times translated into something serviceable to control the likes of you. Good luck with that.
I have no reason to read the words of man in a ‘bible’ … you folks can enjoy that on your own. Such audacity to think that any of you could actually speak FOR God! ha! Enjoy your fear and miserable attempts at controlling others.
Thank God we live in Canada. I could never understand how, through a proposition a majority of citizens could remove the rights of a minority.When we were fighting for same-sex marriage in Canada one of the suggestions of the government opposition party was to have all Canadians vote on our right to marry. This idea is total nonsense. Courts are created to protect the rights of minorities against the biases and bigotry of the majority. We won our rights through the court system and later confirmed by legislation. I suggest to our friends in the States, that’s where you will win also. All the best.
My last two comments were “Replies” to Hope and God’s Way; I just couldn’t help myself in responding to the two religious trolls visiting a GAY website.
And to the others here, seeing progress in Nepal is so encouraging; one state at a time, one country at a time, equal rights will prevail for ALL. EQUALITY period.
“Hope” and “God’s way” sound like the same person. In any event, the idea that one speaks for “God” is the epitome of arrogance and hubris. It’s what makes that kind of thinking so dangerous.
If you wonder how anyone could adhere to such extremist views, including religion-based hostility towards gays, you might find that the following online book explains a lot. It’s a free download.
http://home.cc.umanitoba.ca/~altemey/ – The Authoritarians by Bob Altemeyer, Associate Professor, Department of Psychology, University of Manitoba
By the way, the author’s research into the authoritarian mentality was used by John Dean, the former Nixon legal counsel, in his book called Conservatives Without Conscience, in which he points out that the GOP has been taken over by fundamentalists and other right-wing extremists, and that authoritarianism now dominates conservative thinking.
A point, and a sidebar:
1. MY church performs same-sex marriages. Prop Hate is a violation of MY freedom of religion.
2. “God’s Word” … WHICH Word? We have no primary sources … the Ark containing the Tablets of the Law mysteriously disappeared; we have no scrolls from the hands of Moses, Isaiah, Jesus, Matthew, Mark, Luke, John, Paul or anybody else. Most of the tradition was borrowed from other Middle Eastern traditions, principally Mithras, which also had a virgin-born suffering saviour who died and rose again; and from what little we know about their rituals, historians THINK that they also met to symbolically eat and drink the body and blood of their saviour-hero-warrior god.
There isn’t a Bible translation in existence that isn’t backed by the bankrollers of the translation, from St. Jerome’s Vulgate to the King James Version to the plethora of modern translations.
BTW: the word “homosexual” wasn’t coined until the 19th century, so translators who use it in their Bibles are BALD-FACED LIARS.
Not a terribly good recommendation for the infallibility and inerrancy of a book of myths, stories, and poetry (some of it pornographic … “come from Lebanon, my sister, my bride … come.”
Bud Burgoon-Clark
San Diego CA USA
In talking about same sex marriage as a civil right I think we need to remind Americans of the language the Supreme Court used in its 1967 Loving vs Virginia decision (striking down laws prohibiting mixed race marriage): “…marriage is a basic civil right of man…”.
Similar language citing marriage as a basic civil right has appeared in several Supreme Court cases since (an example was in the decision upholding the right of federal prisoners to marry).
mark, rochester, mn
It is very disturbing to see that MY rights have been revoked by a simple majority vote.This is outrageous! We will win this and hopefully sooner than later. And my prayers are for those 18,000 couples that did get married. Its just sad that now these couples future is uncertain because of this stupid, unnecessary proposition that shouldn’t have been on the ballots in the 1st place.
LLoyd Peacock,
I may one day find myself taking up residence in Canada and maybe working on gaining Canadian citizenship if my country doesn’t get out from under this idea that democracy consists of the mob mentality of putting people’s civil rights up for a majority vote…”will and intent and right of the people to vote on the gay marriage rights of a minority group…. tyranny of the majority etc…..
Canada is way ahead of the USA on gay civil rights as any informed person knows….marriage equality from “sea to shining sea” (as goes often sung “America the Beautiful” a very well-known (for Americans, that is) patriotic USA anthem that is almost our “unofficial national anthem”) in Canada but not in USA.
There things move with glacial speed in the USA and meanwhile we gays in the USA are not getting any younger and it is impossible to have a real future given by rights and protections for our life partners and ourselves in the 33 out of 50 American states.