May 26th, 2009
02:20 PM ET
5 years ago

California high court upholds same-sex marriage ban

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
soundoff (177 Responses)
  1. kd

    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.

    May 26, 2009 03:55 pm at 3:55 pm |
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