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California court upholds marriage ban; existing unions still legal
The California Supreme Court today upheld a ballot measure that amended the state Constitution to deny marriage rights to lesbians and gays. But the ruling did confirm the legality of 18,000 California marriages that were conducted between the time of a previous judicial order and the November election. Los Angeles Times (5/26) , ABC News (5/26) , San Jose Mercury News (Calif.) (5/26
We waited somewhat nervously for the decision that came this morning. Actually I got up and checked my e-mail and the internet way earlier this morning than the time the decision actually cam e out, some time after ten am. It was as expected, our marriages that happened between June and before Nov. 4 are still valid. Mina and I married Aug. 24th. 2008. The irony that we can have our marriages and no other Gay or Lesbian same sex couple in California can get married is a real low mark in the history of our fight for the legitimacy of same sex marriages in California. Of course, I also wish we could have other rights that related to the federal level of recognition i.e. social security for my spouse and long term care benefits that appear to be federally regulated but that seems a way off yet.
I look at what happened re Prop 8 as a big defeat for our side. The fact a slim majority can decide our fate by voting on an initiative i.e. prop 8 goes against the basic notion of civil rights and freedom of expression and the right to happiness described in our Bill of Rights by the founding fathers. What will they uphold next, the right to discriminate against people who are non believers. I think this has been proposed before, keep them from being citizens, well, that could include me. I know the next step is to introduce an intiative on our side in 2010 hoping by then the majority has come to its senses. But legally I don't like using the intiative process to secure our rights. It should come from the legislature and that should be that.
Sharon Raphael, Long Beach
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