May 26, 2009
Posted: May 26th, 2009 02:20 PM ET

SAN FRANCISCO, California (CNN) – California's Supreme Court has upheld a ban on same-sex marriage that state voters passed in November, but allowed about 18,000 marriages performed before the ban to remain valid.

The split ruling was met with chants of "shame on you" from a crowd of about 1,000 people who gathered outside the court building in San Francisco.

"It's nice that my marriage is still intact, but that's not the point," Kathleen White, who married her partner in 2008, told CNN.

Opponents of the ban argued that the controversial Proposition 8, which state voters passed, 52 percent to 48 percent, in November, improperly altered the California constitution to restrict a fundamental right guaranteed in the state's charter. But the court - which had allowed same-sex marriages in a 2008 decision - found the measure was narrow enough to pass legal muster.

Filed under: California • Same-sex marriage


PROPOSITION 8 AND THE TYRANNY OF THE MAJORITY « poligionTODAY   May 27th, 2009 3:56 pm ET

[...] PROPOSITION 8 AND THE TYRANNY OF THE MAJORITY Posted on May 27, 2009 by neiltownsend I want to add some reaction to the California Supreme Court's decision to uphold Proposition 8. [...]

kd   May 26th, 2009 3:55 pm ET

The court wasn't ruling on same-sex marriage, they were deciding the legality of the process of the initiative to change the constitution – two different things.

Supporters of same-sex marriage are certainly disappointed but they shouldn't lose heart – looks like they can change the constitution again if they organize and keep the fear-mongering from the Christian right in check. Governator Arnold is right when he said it'll happen sooner rather than later.

The next step should be interesting to watch.

dennisk   May 26th, 2009 3:53 pm ET

I wonder if all the defenders of the so-called sanctity of marriage would support a proposition to make divorce illegal? I'm thinking... not.
Bigots (religious and otherwise) will always hide behind arguments about protecting 'marriage' or 'the children' because they couldn't live with themselves if they had to face the truth.
Oh, yes, and of course I'm impressed by all the very Christ-like comments to be found in these posts...

demwit   May 26th, 2009 3:53 pm ET

Appeal! Appeal!!

Danny   May 26th, 2009 3:52 pm ET

This is heading to the Supreme Court.

Jimmy the Greek   May 26th, 2009 3:52 pm ET

To all you whiney gay couples complaining about the ruling... Iowa is a great place. Go get married, settle down and raise some kids. Well since you can't actually HAVE kids... raise some corn.

Kevin Denver Colorado   May 26th, 2009 3:52 pm ET

Reality King: Obviously Miss California was right and the hate filled left was wrong…

Disgust for your hate is NOT HATE! Idiot, just like intolerance of intolerance IS NOT intolerance. But I imagine such nuance would be lost on a person of such limited intellect.

Natalie   May 26th, 2009 3:51 pm ET

CA Supreme Court Upholds Bigotry. Big day for Ignoraant christians indeed! So the CA Constitution is what is in error? Change it – CA legislators need to take a stand. You can't vote on equality – Legislate it.

Mike- Kansas City MO   May 26th, 2009 3:50 pm ET

To Roger:
Did you flunk Biology in school?
Marriage has absolutely NOTHING to do with reproduction. Last time I checked you do not have to be married to have children.

In addition, the marriage vows include nothing about the couple having children. If it did, then only those who could actually reproduce would be allowed to get married.
Try another argument that actually has some intelligence behind it. Otherwise, sit down and shut up.

Same-sex marriage will be legal in California! It is a matter of time!

fella from Chicago   May 26th, 2009 3:48 pm ET

This is terrible news! The people of California don't understand your concerns and right to live a free life as you see fit. I suggest you try an Arab country like Iran; I'm sure they'll give you head... or is it behead? None of my gay friends have returned to tell me which it is.

Erased   May 26th, 2009 3:48 pm ET

I was officially erased today.
When I woke up on election day I had civil and constitutional rights. But, apparently, my existence pissed off enough people that they went to the polls and erased me from the CA constitution.
So, be careful: shut up, keep your head down, be grateful for whatever "rights" folks aren't after and just do your best to stay invisible. Maybe, just maybe, you can avoid being erased too.

Paul   May 26th, 2009 3:48 pm ET

At least they upheld the 18, 000 marriages that were performed during the time it was legal.

I find it interesting that so many Christians will take this issue so seriously and TRY to find sources in the Bible that support their views against gays, but when issues of war and torture come up, Christians are equally quick to ignore what Jesus and the Bible CLEARLY state on those issues.

More bad decisons by the cipher in chief   May 26th, 2009 3:47 pm ET

You leftist losers that throw out the words "haters, bigots, Republicans, homophobes" etc, etc, you DO REALIZE that your annointed one is AGAINST GAY MARRIAGE AS WELL as are the MAJORITY of ALL AMERICANS.

I realize you misguided losers don't really care about the content of his words, but just that he says them so nicely!!!!!

You can't dare oppose this or be deemed a bigot or the SCOTUS nominee who is sexist and racist in her own words, but again, words don't matter to you "people".

Kevin from Ohio put it best, just like you sheep bleat all the time, "YOU lost in Calli, get over it".

One and done Barry.

Mari   May 26th, 2009 3:46 pm ET

The Voters of California voted, no one held a 'gun to their head'. The court needed to weigh that fact carefully, I am sure.

Once again, I ask the LGBT community: Why isn't Civil marriage enough?

Chris   May 26th, 2009 3:45 pm ET

Wah wah wah. The people did not know what they were voting for. It is over deal with it I do not agree but deal with it rules are rules

ColoDem   May 26th, 2009 3:45 pm ET

To hell with all of you who think this is some victorious day!!! You aren't bigots you are religious sadist!!!!

Darth Vadik, CA   May 26th, 2009 3:44 pm ET

There is a lot of difference just here in these blogs between pro-gay marriage and anti-gay marriage people. The anti-gay people seem to be really enthusiastic about discrimination, some even saying that we should ban gay-ness altogether...

...let me see, who else baned gay people, gypsies, Jewish people, non-white people, mentally challenged people and anyone else who did not fit in the "perfect white person" image.....

...oh yes, HITLER.

DaveC   May 26th, 2009 3:43 pm ET

California, the state where a simple majority of the voters can strip away the rights of a minority but it takes a 2/3 vote of the electorate to raise anyones taxs. That says it all about what our priorities are here.

Michigan Jim   May 26th, 2009 3:41 pm ET

The California Supreme Court initally held that the marriage ban violated the state constitution. So the voters amended the constitution. And now, somewhat surprisingly to me, rather than ignore the voters and pull out a new legal rabbit, the Court has agreed. That's it. End of the story. The United States Supreme Court does not get involved in interpreting state constitutions.

Joe   May 26th, 2009 3:41 pm ET

Absolutely the correct decision by the court! Enough of this nonsense.

Darth Vadik, CA   May 26th, 2009 3:38 pm ET

Bigotry is bigotry, no matter in what book it is writen.

Joe   May 26th, 2009 3:38 pm ET

BIG DAY for the Christians!!!!!!!!!!!!!!!!! Trying to take a tradition away from a religious group or any type of group is un-America. Proud proud day in the state of California.

Matthew   May 26th, 2009 3:38 pm ET

Nice to see that California, whose Reagan-style tax policies and frothy-mouthed Republican party have the state reverting to cannibalism in this economy, still has enough time and intellectual energy to devote to discrimination.

Scott in Atlanta   May 26th, 2009 3:38 pm ET

Why do gay people always want to equate their "equality" struggle with blacks and slavery?

Last I checked, a gay person could always "act" straight if it suited them. (And they often do.) But a black person will always be black no matter how they act.

Does not compare. Black people are not confused, they just have mellonan in their pigmentation.

John in Ohio   May 26th, 2009 3:37 pm ET

"Thank God, If the people vote against something they should have the last word. The federal govermant shouldn't have the right to overturn it. (if they did overturn it I was going to think I was living in Nazi germany)."

Um, it was California stat's Supreme Court that handed down the decision. Not the Supreme Court of the United States. But you're just being predictably ignorant, that's cool.

seebofubar   May 26th, 2009 3:37 pm ET

I'll tell you what, let the gay's and lesbians call it marriage. We'll start calling a union between a man and a woman "Cabbage". In no time they'll all want cabbage. A union of two homosexuals is a civil union the union of a man and a woman is a marriage. THEY HAVE THE SAME RIGHTS NOW!!!! A cow is a cow and a horse is a horse.....get over it.

Linda from Minnesota   May 26th, 2009 3:37 pm ET

To Ryan -
What you don't understand is that it matters to gays and lesbians. It may not matter to you but you are not the one being discriminated against.

Chris   May 26th, 2009 3:37 pm ET

The voters and court spoke live with it

dave   May 26th, 2009 3:36 pm ET

When you put the rights of a minority to a vote, it just becomes a measure of hatred.

Rob   May 26th, 2009 3:36 pm ET

Isn't it incredible how all the people who wanted the court to come in and step over the WILL OF A MAJORITY OF VOTERS sit here and say that democracy is dead? No, they just didn't get their way. This is a shining example of their modus operandi. They can't get a majority of people to side with them, so they turn to some radical idiot judges to overturn democracy. Now that something's backfired in their faces, they cry how there is no democracy.

Sorry libs, guess you can't have your cake and eat it too.

dave   May 26th, 2009 3:36 pm ET

You put rights of a minority up for a vote, it just becomes a measure of hatred.

John in Ohio   May 26th, 2009 3:35 pm ET

Sooner or later gay marriage will be legal in California. Whether it happens at the state level there before it happens country-wide at the national level remains to be seen.

When a large majority of people 18-30 are supportive of gay marriage, it becomes a historic inevitability. Nothing can stop it. It'll happen next year, in five years, or in 35 years. The opponents will only die of old age.

demwit   May 26th, 2009 3:34 pm ET

Since 72% of California didn't even bother to vote on this issue..., 28% of voters decided it. That'll teach ya....

Cali J   May 26th, 2009 3:33 pm ET

To those of you out there saying that this was conservatives and religeous people in California, you are wrong. California is one of the bluest states in the nation. Prop 8 was supported by Dems, Repubs, blacks, whites, yellows, and browns. This is just the will of most of the people regardless of political or religeous backgrounds. No hatred involved, just a belief that the word marriage means a man and a woman.

Joe   May 26th, 2009 3:32 pm ET

"too trivial" – huh? NOT to those of which it DEEPLY affects. Of course you haters can't see beyond your stinking noses. As for those who constantly quote the bible, I'm sure I could take a look at your life and find some quote that says you're evil too.
I, for one, believe that those against gay marriage are threatened by it because they don't want to see gay people in stable, committed relationships. First, it would fly in the face of their prejudices, and second, they couldn't watch in glory as gay people die of AIDS. THAT is what the haters REALLY want, and gay marriage threatens that.

Common Sense   May 26th, 2009 3:32 pm ET

Finally some common sense, let's have a vote in Massachusetts & Connecticut.

demwit   May 26th, 2009 3:30 pm ET

Its good to see that at least one California judge wants to be a Supreme Court nominee.

Linda from Minnesota   May 26th, 2009 3:29 pm ET

TCM

Please define normal. Normal to you may not be normal to others. Show some tolerance. Geez.

suzy   May 26th, 2009 3:29 pm ET

@ Les – that's a pretty stupid comment

rob   May 26th, 2009 3:28 pm ET

Gay Marriage will eventually be legal in all states. It's a civil right and one that can't be voted upon. Shame on you California. We'll have to leave it up to the Notheast and (Iowa!) for now... but we'll be back! :)

RealityKing   May 26th, 2009 3:27 pm ET

Obviously Miss California was right and the hate filled left was wrong...

Ben   May 26th, 2009 3:26 pm ET

This is what we get for using a weak, procedural argument against Prop 8. This is a terrible decision, but one that I think could have been avoided if we had maintained the case as a purely civil rights issue. Even so, we should take the next opportunity to vote these spineless judges out of office.

M J   May 26th, 2009 3:25 pm ET

Silly me. I actually thought California had a progressive intellect. Not anymore!

demwit   May 26th, 2009 3:24 pm ET

Oh boy! 18,000 valid gay marriages. Now we get to see how long they last compared to 18,000 straight marriages!!

No pressure...

Too True For You   May 26th, 2009 3:18 pm ET

So, how will the fundamentalist nut jobs reconcile this with their oft-cited belief that California is the ultimate bastion of liberal hedonism?

Elliebee   May 26th, 2009 3:14 pm ET

AND we wonder WHY California is so screwed up and BROKE!!! it's decisions like these that are so IGNORANT on all levels. This just means this issue needs to take on the BIG LEGAL FIGHT of the Century.

I'm so glad I don't live in California.

Sherrol in Canada   May 26th, 2009 3:14 pm ET

I'd imagine some folks might want to say thanks for nothing, but at least the 18,000 remain married.

I still can't fathom however, why all the hoopla. Gays & Lesbians are people too and should be allowed to marry if they choose. Live and let live, throw religious frenzy out the window.

Come to Ontario Canada, get married here!!!!

Boudin   May 26th, 2009 3:11 pm ET

The voters spoke, live with it

Diana NJ   May 26th, 2009 3:06 pm ET

Heart breaking decission. Hopefull it will be put again on the ballot and people will understand exactly what they are voting for or against.. and the Swift boaters are shown for who they are..

Mich   May 26th, 2009 3:06 pm ET

Thank God, If the people vote against something they should have the last word. The federal govermant shouldn't have the right to overturn it. (if they did overturn it I was going to think I was living in Nazi germany).

Drew   May 26th, 2009 3:05 pm ET

Wow, it's a surprise that the will of the people was actually upheld by the courts. Usually they disgust me, but props to them this time.

Dennis   May 26th, 2009 3:05 pm ET

It's interesting to note at the same time California was voting overwhelmingly for Obama, that they voted down the gay marriage law. Imagine the margin on this issue had Obama not been on the ballot. Oh, by the way Obama does not support gay marriage either.

Les   May 26th, 2009 3:04 pm ET

There is a fundamental aspect of the same sex marriage debate that is commonly overlooked. Bans on same sex marriage are not discriminatory to gays. Gays are free to marry those of the opposite sex. Straight people are not allowed to marry those of the same sex. So gays and straights are not being treated differently.

TomJay   May 26th, 2009 3:03 pm ET

I thought California was a very blue state that supported Obama with a big margin last year. I guess that since Obama does not support gay marriage, Obama must have signaled his supporters to support Prop 8.

panem et circenses   May 26th, 2009 3:03 pm ET

Prepare for hate-filled calls for the death and dismemberment of the California Supreme Court by the liberal moonbats in 3...2...1...

ATLGuy   May 26th, 2009 2:58 pm ET

This is without a doubt, the California Supreme Court's "Dred Scott" moment. It's a proud day indeed!

CR   May 26th, 2009 2:57 pm ET

So California is less progressive than Iowa and some of the northeastern states? Absurd and shameful at the same time.

New Jack   May 26th, 2009 2:55 pm ET

Wonderful news, congrats to California for maintaining a certain level of dignity.

Jason   May 26th, 2009 2:55 pm ET

I always heard that California is a liberal state, well apparently not. Maybe now we can stop writing states off as red or blue and actually look at how those states vote. Sadly, this is a terrible day for the Constitution as we now see that all men are NOT created equal.

Just My Opinion in Texas   May 26th, 2009 2:54 pm ET

Insults from both sides of the aisle in 3 .... 2.... 1......

mike   May 26th, 2009 2:52 pm ET

Glad to see the Suprerme Court upheld the will of the people of California.

Andre From Brooklyn NY   May 26th, 2009 2:51 pm ET

Well Jack you be the judge if you put two male horse together then you know the result, a female complement a male, and a male complement a female, its nature and don't what you do it's just not the same. These people or gays, but the BIBLE called them sodomites, its tricky GOD love the sinner but hate the sin that we do. And most of all God destroyed two city for this same act sodom and gomaroy.

Robin   May 26th, 2009 2:50 pm ET

Well it seems that "We the People" don't want same sex marriage.

Tim   May 26th, 2009 2:47 pm ET

And in the meantime, the Pentagon has acknowledged that 14% of released Gitmo detainees, those very detainees who were deemed the least risky to release amongst all detainees held at Gitmo, returned to the battlefield after their release.

But don't worry, Obama has a plan.

Chi Town   May 26th, 2009 2:47 pm ET

Good to see the court agrees with President Obama on one man and one woman.

Ric in NY   May 26th, 2009 2:44 pm ET

FINALLY... the CA Supreme Court didn’t over rule the will of the people and gays were put in their place. I was just in Provincetown, MA on a tour and I was appalled by the way the gays acted and treated visitors. In fact, the behavior is so horrific I pray one day a conservative president helps the nation put a federal ban on such a barbaric attack on tradition.

johnny the boy   May 26th, 2009 2:43 pm ET

I say let everyone get married; let everyone have equal access to the institution. Jack up the fees and enjoy the increased revenue stream. Imagine the income for wedding planners, halls, caterers, photographers, florists, therapists, divorce lawyers, etc.

Alfred E. Neumann   May 26th, 2009 2:41 pm ET

Folks, enough is enough. Sit outside the local supermarket and gather signatures and put your views before the people.

Hint – the people voted last year and said no. As a heterosexual I have no dog in this fight. So, either get smart or stop being so stupid. Men marching down the street dressed up half naked as nuns does your cause no good!

cassamandra   May 26th, 2009 2:41 pm ET

this is very sad. I'm glad the 18K marriages remain valid, but I will never understand how a State Supreme Court can rule that everybody has the constitutional right to marry and then back down from its own interpretation.

Tracy   May 26th, 2009 2:40 pm ET

Shame on the voters of California, shame on the religiouis right for promoting intolerance and hate and shame on the California Supreme Court for taking the cowards route in their decision. I am one of the 18,000 whose marriage was upheld but how can I feel joy in the shadow of a hate driven amendment that is now part of California's Constitution.

Beth Bright   May 26th, 2009 2:39 pm ET

Now that the decision has been upheld, can we move on to other important issues??? Also, stop tying civil right with gay rights – not even close..

BJ   May 26th, 2009 2:38 pm ET

"Split ruling" makes it sound like the vote was 4-3...it was really 6-1.

K7B   May 26th, 2009 2:38 pm ET

Ha ha ha ha. The voice of the people.

Obama also says that....   May 26th, 2009 2:37 pm ET

only a man and a woman can marry.....

So, go talk to Obama....he's your Messiah...you voted for him....and now he considers you (if you are gay) something less than human with no right to marry--and Michelle agrees. You lose.

Peter E   May 26th, 2009 2:36 pm ET

Marriage is a sacred, religious institution. By the Constitution there should be no law governing religion whatsoever. No law should be able to ban the recogniztion of gay marriage by one religion, and no law should require my Church to recognize that union. Keep church and state separate!

Dogless   May 26th, 2009 2:35 pm ET

It's a shame that, as a straight man, I can declare that god is dead, say that Jesus can suck it, and proclaim to worship the devil, and STILL get married to my girlfriend.

Where can I apply for a civil union license? I don't want to get married.

James   May 26th, 2009 2:35 pm ET

It is sad that we live in 2009 and we still have biggotry! The arguments that people that support Prop 8 are the same biggoted arguments they used when it came to Black Civil rights.....

In time we will have it it for all in this land.

The Lorax   May 26th, 2009 2:35 pm ET

The will and conscience of the people has been upheld. This is not about discrimination, this is about right and wrong. We will not permit this shame to be legal. Civil unions are acceptable and just, but this is where we draw the line.

Sara from Arizona   May 26th, 2009 2:34 pm ET

Good news.

And Obama agrees with the court....   May 26th, 2009 2:33 pm ET

Obama says marriage is between a man and a woman, ONLY-–

That's your president talking.....read it and weep--but then again-YOU ELECTED HIM.

Cali_Kansan   May 26th, 2009 2:32 pm ET

Whoo Hoo....Hell yeah! The people have spoken.

Paul, Riverside CA   May 26th, 2009 2:31 pm ET

Another sad day for Democracy.

Al Bluengreenenbrownenburger   May 26th, 2009 2:30 pm ET

A sad triumph for bigotry.

Ultimately, people will realize that gay marriage has no negative impact where it is allowed, and decency will prevail.

That the religious have led the intolerance is quite sad, but as Gandhi said, "Your Christians are so unlike your Christ."

Marcy   May 26th, 2009 2:30 pm ET

Sick, the court just voted to limit rights to a minority group of Americans. How is that constitutional? What are we in the middle ages? What country is this. I am not proud.

Dave   May 26th, 2009 2:27 pm ET

Thanks Cali!!!!!

Jeremy Westenn   May 26th, 2009 2:26 pm ET

This is shameful, sad, and unbearable. It so happens now, that under this ruling, it is not considered a fundamental change to government when the right of Africans to marry whites, latinos, etc. is removed by popular vote. It is no longer a fundamental change to government when the right of a religion to perform a civil ceremony of two adults legally able to be married is removed.

The ramifications now of what can be approved and eviscerated at the ballot box are startling, just startling.

JFK   May 26th, 2009 2:26 pm ET

Sad day for California but not a shocker.

Jeff   May 26th, 2009 2:26 pm ET

I'm once again embarrassed to be a Californian.

Can we pass a constitutional amendment dividing sections of a bus by race or sexual orientation as well so long as we're passing "separate but supposedly equal" marriage amendments?

Wally Agboola   May 26th, 2009 2:23 pm ET

Are they confused or trying to score a point? What does this mean and why would they debar others the same priviledge enjoyed by those that have married before. Does this not amount to inconsistency in the part of the judiciary. I think we need not to trust the judiciary on some cases but rather go to the poll. Stop all discriminations, period!

Michael in NC   May 26th, 2009 2:22 pm ET

I think most of the people who are opposed to gay marriage are old folks who were raised in an era of intolerance toward homosexuality. Some of them might manage to pass on their intolerance to their kids, but for the most part, I imagine their hate will die with them.

munchmom   May 26th, 2009 2:21 pm ET

Thank goodness some people are standing up for what is right...

Marty, Grand Rapids   May 26th, 2009 2:21 pm ET

Don't worry. This form of discrimination will fall much like it did earlier for woman and blacks. Same-sex marriage is inevitable. This just prolongs the discontent.

Ryan   May 26th, 2009 2:21 pm ET

GOOD!

Now lets move on to issues that actually MATTER. This really isn't the time for the gay marriage argument...there are far more important things to deal with. I'm so sick and tired of the protests when our economy is in the toilet, unemployment is on the rise, people are losing their homes and way of life, healthcare is in ruins and there are 2 wars that still need to be won. These issues are IMPORTANT...same sex marraige ranks in at about a distant 10th.

Dan   May 26th, 2009 2:20 pm ET

I like how cnn calls it a "split ruling" when it was a 6-1 decision. That isn't too split.

Jon in CA   May 26th, 2009 2:20 pm ET

Obama must be quite happy as HE doesn't support gay marriage!

Shirley In California Now On The Fence Re Obama   May 26th, 2009 2:20 pm ET

This is good news to me.

Ron Howerton   May 26th, 2009 2:20 pm ET

What a mess California voters created when they conspired to deny fundamental rights alreayd conferred by prior court decision!!! Hope all you conservatives are proud of yourselves! Maybe the US Supreme Court will finally be forced to rule on the constitutionality of anti-gay marriage legislation.

Chris   May 26th, 2009 2:19 pm ET

:(

I guess our Change is not coming.

The Marginalizer   May 26th, 2009 2:18 pm ET

Score:
Christians and Mormons – 1
U.S. Constitution – 0

ALL Americans are equal. To say otherwise makes you Anti-American. I now firmly believe that religion is Anti-American.

The People Rule   May 26th, 2009 2:18 pm ET

Wonderful news!

228rory in CA   May 26th, 2009 2:18 pm ET

I propose we introduce a ballot measure to amend the constitution to ban the rights of people to consume shellfish and no longer will people have the rights to wear clothes that are made from blends. Also, in addition to that ballot measure we should introduce another proclaiming slavery as legal.

DavidinCA   May 26th, 2009 2:17 pm ET

I did not vote for Prop 8 but I am glad to see that the Court did not overturn the results of the election. If you put it to a vote then support what the voters have to say. Too often courts have diluted the value of the vote, each time reducing the power of our system of government.

Boytjie   May 26th, 2009 2:17 pm ET

Apparently 18,000 same-sex marriages in California won't be enough to destroy the institution of marrige. I wonder what the magic number is?

mk   May 26th, 2009 2:16 pm ET

If we left it to a vote im sure it would be close to either have or outlaw slavery....

dan in Tucson   May 26th, 2009 2:16 pm ET

I guess California isn't as open minded as one would think, either that or the small number of opposers are more organized. Not a good sign for the advancement of human rights, now is it.

GOP Disaster   May 26th, 2009 2:15 pm ET

I guess this mean that interracial marriages will be banned in California? A major set back for the Golden State.

Jerry   May 26th, 2009 2:15 pm ET

Why should laws be structured around perverted sexual practices???

Gary of West Hollywood   May 26th, 2009 2:15 pm ET

A sad, sad day to all the LGBT Community. Hope to see the true meaning of equality in my lifetime. We will never surrender! We will fight on, if not for us, but to all the future gay sons and daughters of America. Yes, including the sons and daughters of those who voted Yes on Prop 8!

Linda   May 26th, 2009 2:14 pm ET

I am pro-same-sex marriage. I would like to see Proposition 8 reversed by a vote of the people rather than a court. I think same-sex marriage will be legal in the near future.

Bekah   May 26th, 2009 2:12 pm ET

So Iowa is more progressive, fair, and Constitutionally right than California. That's just pathetic.

Greg   May 26th, 2009 2:12 pm ET

Bigots when again...

This is no longer the United States of America where freedom is enjoyed by all but the United States of the Christen Right who Lie and Cheat to spreed their HATE. It is Time to get religon out of government....start making religon pay taxes on their hate....and remove MARRIAGE for all and only have Civil Union's. Church hate mongers stay within the four walls of your church of Sin and lies and say out of everyone's lives.

jizzo   May 26th, 2009 2:12 pm ET

What is this world coming to?, people can have a right to choose & live there lives as they want, but a marriage should be between a man and a woman, to even debate this legally is wrong wrong wrong

Proud DHS radical   May 26th, 2009 2:11 pm ET

This is the part of the ruling that I love folks! "The court said the people have a right, through the ballot box, to change their constitution." Well lets get the constitution ratified changing the term limits for our Senators to just two. That will clean house on both parties.

Justin   May 26th, 2009 2:10 pm ET

If anybody would actually care to make an educated comment on the ruling, they should actually read the opinion. I'm doing this now and thankfully the Court did what their job OBLIGATED them to do by the Constitution of California.

Of course, I doubt severely that many people will actually sit down and read the document. Everybody likes to complain; nobody likes to actually discuss.

christa   May 26th, 2009 2:09 pm ET

As long people pay taxes, they should have the same right as anyone else. Where is the compassion California, you who voted against it , love thy neighbor. Also the judges should lead the way in helping our fellow americans, who did not ask to be gay or lesbian. This is not fair

Jack   May 26th, 2009 2:09 pm ET

The California Supreme Court ruled that as long as the majority of citizens in a state want to legalize discrimination, it can. How nice. Now we have the legal precident set that will allow us to make it illegal to be Jewish, or black, or Catholic, or Hispanic, or left handed. We can make it legal to declare women to be inferior to men. We can make it illegal to be atheist.

David   May 26th, 2009 2:09 pm ET

It is really good news and upholds the traditional marriage. The judges have done a good job. It will put the issueto rest for now.

sandra   May 26th, 2009 2:08 pm ET

The voice of the people has been heard. We have voted on this issue more than once......so I congratulate the court for listening.

Paul   May 26th, 2009 2:08 pm ET

The seperation of powers is the cornerstone of the Constitution. The fact that Proposistion 8 had to be drawn up to protect the institution of marriage is not a good sign. Even he most secular of the founding fathers must be stunned by activist judges and the creation of laws with little regard to the ten commandments or the Constituion.

Jim   May 26th, 2009 2:08 pm ET

some day, California ... and the rest of the world ... will realize that gay people are people first. and their rights are just as important as everyone else's.

shame on california for this one.

Stortz   May 26th, 2009 2:06 pm ET

I have just one word for this Constitutional Cluster… Appeal!

Dutch/Bad Newz, VA   May 26th, 2009 2:06 pm ET

Although I'm opposed to same sex marriage, I don't think it's fair to the same sex couples who didn't get married in 2008. That being said, California now must approve same sex marriage for the entire stae.

Rob   May 26th, 2009 2:05 pm ET

Well, I guess it was more than those big, dumb, mean religious zealots the Mormans that supported Prop 8. Apparently not everyone sides with an overly vocal minority and a smatering of stars jumping at any chance to get some publicity.

gillis   May 26th, 2009 2:04 pm ET

Finally the court has sided with the majority of humanity who have rejected the filth the gay community is trying to ram down our throats. They think they are black – black is not a behavior..

donttreadonme   May 26th, 2009 2:03 pm ET

The “people” of California have already spoken and this was the only possible outcome. It is possible that the marriage ban could be reversed through a new referendum and only if the “people” of California agree.
Power to the people!

HSNP   May 26th, 2009 2:03 pm ET

California has become an intolerant, bankrupt backwater. Gay Californians need to pack up and move to some place more enlightened, like Iowa.

Mrs. AJS   May 26th, 2009 2:02 pm ET

I don't care what anyone says, "same-sex marriage is an abomination before God." It is corrupt to the very core! I don't care what you say and how you try to justify it, IT IS ABSOLUTELY WRONG!!

Melissa   May 26th, 2009 2:01 pm ET

This is wrong.

osmt   May 26th, 2009 2:01 pm ET

Those who believe and advocating same sex marriage should know also that they are violating the freedom of others. They are compelling others to agree and validate them no matter what.
Those who believe in one man and one woman whole don't ask for your endorsement and would not compel you do so.
If majority say no, so let it be written and so let it be.

Jon   May 26th, 2009 2:01 pm ET

The courts are off the table. The trick in California is this: voters can change their minds. So, rather than making an endrun around the people, California's gay community has a great opportunity to re-launch itself and convince people (gasp, how dare we expect a people in a free democratic republic to have to win over the hearts and minds of the people rather than have a judicial oligarchy bend to their every whim). Make the case, convince people, and give the voters a chance to change their minds and approve it by popular consent. It can be done, it's just that nobody has honestly tried before.

shughes7@hotmail.com   May 26th, 2009 2:01 pm ET

Good! And I'm a liberal Democrat. I don't understand why people think that because you're a Democrat you're FOR gay marriage. I know a lot of Democrats that are liberal, but still against it.

Terry   May 26th, 2009 2:00 pm ET

This is way too trivial an issue for us to be wasting national energy and time on it. If two guys or two gals want to get married, let them do it. They are living together now anyway. Who is hurt? Not me. Not you.

We have important issues to discuss, and this is not one of them.

Brian in AZ   May 26th, 2009 2:00 pm ET

Not gonna lie, "shame on you" doesn't exactly sound like something you say in the midst of a fight for what you consider fundamental rights. It sounds like what your mother says when you don't take the trash out.

Seriously, this whole debate is less about whether or not sexual orientation represents an inborn distinction equivelant to race or whether marriage has civil roots or a religious foundation. It's about "we're more tolerant than you: feel guilty!"

David   May 26th, 2009 2:00 pm ET

Ouch... Sorry that the rights are denied to the people... I don't know why it was banned. Hope this comment shows my support to you people in the community that I care about you all.

Tim from NC   May 26th, 2009 1:59 pm ET

Finally some good news from California.....

Mama for Obama   May 26th, 2009 1:57 pm ET

Shame on the California Supreme Court.! It is good that they upheld previous same sex marriages, but sad that they didn't overturn Proposition 8. If the people of California voted for slavery, would the California Supreme Court uphold that? Justice and equality is pure and simple. Kudos to the Iowa Supreme Court. It took great courage for them to do the right thing. Shame on California. The rest of the country expected more from you.

Ben   May 26th, 2009 1:56 pm ET

Outrageous. I demand that each of the 7 justices votes be released so I can personally contact each of the 6 who decided that political pressure takes precedence over civil rights.

carlo   May 26th, 2009 1:55 pm ET

As a Democrat who voted for Obama, I really don't care about this. Man has been here for thousands of years and I have yet to read where any society had gay marriages, even in the most liberal of those societies, including Rome, where homosexuality was open and freely expressed. I don't care if they get married. God doesn't see it as such anyway, so the church should stay out of it. Let the courts decide. God gives us free will and you can't bully people into doing things your way, whether you are for it or against it.

mike   May 26th, 2009 1:55 pm ET

first voting against tax increase and now this. Is California becoming a Conservative state now? Glad to see they are headed in the right direction.

Jonita   May 26th, 2009 1:55 pm ET

It's a sad day when US citizens can't marry the person they love ..

hockeybear   May 26th, 2009 1:55 pm ET

Iowa before California? How sad.

BIGFREE NORFOLK VA   May 26th, 2009 1:54 pm ET

wonderful! sweet ! beautiful! marvelous! outstanding! great! lovely! yippy! hip hip hurry!

George Guadiane Austerlitz, NY   May 26th, 2009 1:54 pm ET

I don't live in California.
I'm not gay.
I'm married (and not afraid of what gay marriage might do to my marriage).
I think it's sad that this is still an issue.
Gay people are subject to the same rules of law, and BECAUSE of the law, they are not entitled to the same access to and/or impact of the law they must follow.
It is wrong, under the law, to limit the options of two consenting adults to equal access of those laws.
OH, and if the marriage of Jim and Tammy Fay and or those of Newt or anyone else, doesn't impact my marriage, then the marriage of ANY couple will not impact mine (or yours).

Victory   May 26th, 2009 1:53 pm ET

GOD's word will always prevail......

Edward Veidt   May 26th, 2009 1:53 pm ET

Shame on you, California. Evil won today, but will not last forever.

Ben Harrison   May 26th, 2009 1:52 pm ET

Boooooooo! That is all.

Really!?   May 26th, 2009 1:52 pm ET

Its sad to think that the California Supreme Court is smarter than the iowa Supreme Court. Iowans there is still hope your constitution still clearly states that marriage is a man and woman, perhaps you can buy your judges glasses so that they can read.

the people have spoken......   May 26th, 2009 1:52 pm ET

Can't wait to read all the "tolerant" comments from the left, but I will say I am extremely happy with the Court's decision. The people have indeed spoken!!!

Anonymous   May 26th, 2009 1:51 pm ET

GOD's word will always prevail

Paul, CA   May 26th, 2009 1:51 pm ET

Hiding behind the arguement that same sex marriage threatens traditional marriage is as absurd as saying traditional marriage is alive and well with a divorce rate of 1 to 1. The approval of same sex marriage is just a matter of time, only this time Calilfornia will be following the rest of the country instead of leading it. Pathetic!

Ana   May 26th, 2009 1:51 pm ET

I don't understand the controversy. The American people voted; the said no to same sex marriage-there should be no more discussion.

Cincinnatian   May 26th, 2009 1:51 pm ET

Fear + Hate = Prop 8.

Love is greater than fear or hate. Be patient and persistent, California, and continue to educate the fearful. You will rise above this division and discrimination and will once again lead our country in civil rights.

Dear Focus on the Family, Knights of Columbus, and Mormons – we see through your self-righteousness into your hearts of fear. You are not true followers of Christ. Who will you hate next?

Amy   May 26th, 2009 1:51 pm ET

Is is with shame that we remember the days when blacks were slaves. When blacks could not vote. When women could not vote. When a black person and a white person could not marry. We were wrong then, and California is wrong now.

Why are we so slow to learn from our mistakes?

It is time for same-sex couples to have the right to marry.

Regular People   May 26th, 2009 1:51 pm ET

So it's totally illegal now. Except for the 18000 times that it is... uh, legal.

Makes perfect sense.

Some people must just be more equal than others, I suppose.

IndyVoter   May 26th, 2009 1:49 pm ET

Good for you Cali.

Teri LaBuwi   May 26th, 2009 1:49 pm ET

This ruling is a sad example of how hatred is spreading in our world like wildfire. Why is it that a person can HATE anyone they want without penalty, but we have so many silly restrictions on love?

Enough   May 26th, 2009 1:49 pm ET

Glad to see that Liberal California court upheld the voters decision. Marriage is man and woman, husband and wife. Gays are partners, if they want their own title, as in civil union, I would support that. But I will not support redefining marriage. It is NOT the same and should not be named as such. The court ruled against the gay community, let's see if they can practice the tolerance they preach...........doubtful!

Chad   May 26th, 2009 1:48 pm ET

This is extremely disappointing. Victory for the Evangelical Republicans, but a loss for common humanity.

Randolph Carter   May 26th, 2009 1:48 pm ET

Those darn activist judges legislating from the bench again! Have a nice day!

Jeff - Texas   May 26th, 2009 1:46 pm ET

Nice to see that the high court has sided with the majority. TIme to celebrate!

Wanda   May 26th, 2009 1:45 pm ET

Great for California!!! Marriage is between man and woman: man and man cannot procreate, neither can woman and woman. Figure it out!

ray ray   May 26th, 2009 1:45 pm ET

Actually THIS ruling now creates unequal protection... some gay people have valid marriages while others can not.

The court should have undone the previous marriages to make ALL equal.

Kevin in Ohio   May 26th, 2009 1:45 pm ET

To quote so many of the left-wing loons on this ticker: "You LOST, get over it!"

Gary   May 26th, 2009 1:44 pm ET

Bravo to the California Supreme Court for not allowing a minority gay militant idiots influence it's correct decision!

TCM   May 26th, 2009 1:44 pm ET

Some moral decency remaining in the world...I love it when social and moral deviants are put in their place. It's absolutely sickening when NORMAL, decent, families have to tolerate seeing that crap, or their children are inadvertantly subjected to it. Back to the closet all of you! Back!

bill s   May 26th, 2009 1:43 pm ET

It's official: Using their money, manpower and organization, religious institutions like the Mormon Church can amend your state constitution to make certain 'types' who don't fit their doctrine less equal under the law.

So much for separation of church and state.

Dawn   May 26th, 2009 1:43 pm ET

This really sucks! Equality in this Country is wrong, EVERYONE complains about Socialism, well this country tells us who we can love or not. Gays and Lesbians are people too and they love just like a man and a Woman, get with the program California...

Inspector Bob   May 26th, 2009 1:43 pm ET

I am a white, straight, WASC (catholic) American male. This is just wrong.

BK   May 26th, 2009 1:42 pm ET

Whether you are for it or against it, the people voted and their voices should determine the results. If people go out and vote and then its overturned by the court. What reason do we have to vote? It would mean nothing.

a southern progressive   May 26th, 2009 1:42 pm ET

dying without equality... the un-american dream.. a life wasted. that is what you are dealing the gay and lesbian community when you deny us equality.. so with that being said.. those who oppose any kind of marriage based on love because of something unprovable in a book of mythology, can go to hades.

up yours, cause i am tired

Roger   May 26th, 2009 1:41 pm ET

Marriage is ONLY BETWEEN A MAN and WOMAN, because:

1. Only a Sperm can Fertilize an Egg, for Reproduction and Life.

2. All young ones of All Animals on Earth are Nurtured by a Male and a Female. Humans can’t change the course of Mother Nature.

Greg from MA   May 26th, 2009 1:40 pm ET

Eh, they followed the law. There was nothing unconstitutional about what happened.

That said, I hope the voters of California overturn Prop 8 when given the opportunity to do so.

John S   May 26th, 2009 1:40 pm ET

I marvel at these judges on the California's Supreme Court. What a bunch of ignorant people. Bigots.

Shawn   May 26th, 2009 1:40 pm ET

"The arc of the moral universe is long, but it bends towards justice." -MLK

Marriage equality is inevitable despite setbacks. It's just a matter of time. There are zero rational, moral, legal, constitutional or social reasons to deny gay people marriage rights. None.

No Incumbents 2010   May 26th, 2009 1:39 pm ET

The government should exit the marriage business altogether. All unions should be called "civil unions" regardless of same-sex or opposite sex.
Let churches decide what they want to call "marriage" if the couple seeks a religious endorsement of their partnership. If a church does not want to endore same-sex marriages that is fine, no one is required to join their church.
Why do we need the government to tell us what marriage means?

Once You Vote Black   May 26th, 2009 1:38 pm ET

Thats what I am talking about: Great news! The California Court up held the ban. I am liberal but let’s not get carried away. SS Marriage is a little too rich for my blood.

gt   May 26th, 2009 1:37 pm ET

thank you !! did you hear that new hampshire,,,,

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