05/26/2009
California Supreme Court Upholds Proposition 8 and Nation Reacts
Above, a photo I took at tonight's NYC march and demonstration for marriage equality in reaction to the Prop 8 decision. I would guess there were approximately 2,000 there. The banner was designed by rainbow flag creator Gilbert Baker. View our slideshow of photos from around the nation HERE.
I've updated this post quite a bit since earlier today...see below.
Gays and lesbians in California are still second-class citizens. The California Supreme Court has upheld Proposition 8 by a vote of 6-1. However, the 18,000 same-sex marriages performed before Proposition 8 took effect will remain valid.
Moments after the decision was handed down, hundreds of people outside the California Supreme Court began chanting "Shame on you, shame on you."
OPINION (PDF)
The Court heard arguments in early March. At that time, things didn't look good for equality in California.
The L.A. Times reports: "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...In an opinion written by Chief Justice Ronald M. George, the state high court ruled today that the November initiative was not an illegal constitutional revision, as gay rights lawyers contended, nor unconstitutional because it took away an inalienable right, as Atty. Gen. Jerry Brown argued. Only Justice Carlos R. Moreno, the court's sole Democrat, wanted Proposition 8 struck down as an illegal constitutional revision. Justice Joyce L. Kennard, who voted with the majority last year to give gays marriage rights, joined George and the court's four other justices in voting to uphold Proposition 8."
Challenge to Prop 8 FILED IN FEDERAL COURT: "Two prominent attorneys who argued on opposite sides of Bush vs. Gore, the legal battle over the 2000 presidential election, announced Tuesday that they will challenge Proposition 8 in federal court and seek to restore gay marriage until the case is decided. Former U.S. Solicitor General Theodore B. Olson and David Boies, who represented then-Vice President Al Gore in the contested election, have joined forces to tackle the same-sex marriage issue, which has deeply divided Californians and left 18,000 gay couples married last year in legal isolation."
Fred Karger: 'Californians Against Hate' will be watchdog...
Mormon church expresses support for California Supreme Court Decision: "The Church of Jesus Christ of Latter-day Saints recognizes the deeply held feelings on both sides, but strongly affirms its belief that marriage should be between a man and a woman. The bedrock institution of marriage between a man and a woman has profound implications for our society. These implications range from what our children are taught in schools to individual and collective freedom of religious expression and practice.... Accordingly, the Church stands firmly for what it believes is right for the health and well-being of society as a whole."
Reactions from Cynthia Nixon and Melissa Etheridge.
DailyKos analysis: Supremes cut Prop 8 to the bone. Was decision a loss for the other side?
White House reacts, or doesn't...
Protestors block traffic in SF...175 arrested. Plus clergy.
ACLU's Matt Coles responds to ruling...
Human Rights Campaign legal analysis.
Supreme Court refuses to address legality of same-sex marriages performed out-of-state in footnote to ruling: " We have no occasion in this case to determine whether same-sex couples who were lawfully married in another jurisdiction prior to the adoption of Proposition 8, but whose marriages were not formally recognized in California prior to that date, are entitled to have their marriages recognized in California at this time. None of the petitioners before us in these cases falls within this category, and in the absence of briefing by a party or parties whose rights would be affected by such a determination, we conclude it would be inappropriate to address that issue in these proceedings."
NCLR's Kate Kendell: "Today, the California Supreme Court diminished its legacy as a champion of equality. By upholding Prop 8, an initiative that stripped the right to marry from same-sex couples in California, the Court’s decision has undermined the central principle that all people are entitled to equal rights and has jeopardized every minority group in California. No minority group should have to defend its right to equality at the ballot, and the Court should not have permitted such a travesty of justice to stand."
More updates, statements, and breaking news, AFTER THE JUMP...
L.A. Gay and Lesbian Center issues statement:
“Today, our Supreme Court sent a mixed and troubling message. While upholding the legal marriages of the 18,000 same-sex couples who married in California, the ruling establishes that all Californians are NOT entitled to equal protection of the law. This is a sad day for our state and a setback for the cause of freedom and fairness. But it’s also important to keep this in perspective. Every noble struggle known to man or woman has been filled with losses—temporary defeats that people had to endure and overcome. We must pick ourselves up and move forward, knowing that justice ultimately will prevail and the right to marry will one day be ours forever. Fortunately, this loss comes amidst a veritable tide of progress in many other state supreme courts and legislatures—a tide that cannot be turned back, no matter today’s decision. Not only are courts and legislatures recognizing that it’s wrong to discriminate against any group of people by denying them the fundamental freedom to marry the one they love, but now even a majority of Americans agree. Most people in the nation now believe that same-sex couples should be treated equally under the law. That is enormous progress and we e cannot let one election, one court case, one defeat – or even many defeats – stop us. And we must not let such challenges limit our dreams. Those who came before us and who could never imagine our successes did not give up. We owe the same dedication to those who are yet to follow. Most importantly, we cannot afford to lose sight of the bigger picture. Ours is not a fight simply for the freedom to marry. Ours is a fight for full equality; full equality and nothing less.”
Here are some of the photos we've received of action from Towleroad readers related to the California Supreme Court Proposition 8 decision. If you have relevant photos of reactions to the ruling, protests, or anything related, please share them with Towleroad readers by emailing from your phone or computer to post@towleroad.com. CITY, STATE in the subject line, CAPTION and CREDIT in email body. Don't forget to attach the photo.
Posted 10:20 PM EST by Andy Towle in California, Gay Marriage, News, Proposition 8 | Permalink
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RIOT!
Posted by: Andalusian Dog | May 26, 2009 1:06:48 PM
RIOT!
Posted by: Andalusian Dog | May 26, 2009 1:07:43 PM
While this is obviously a huge disappointment, let's not forget the huge leaps and bounds that have emerged throughout the country this year so far....
Posted by: Harrison | May 26, 2009 1:08:52 PM
Oh well. Moving on.
PS What did you expect? Play by the rules.
Posted by: GBlad | May 26, 2009 1:09:16 PM
We need to RIOT PEOPLE!!!!!!!!!!!!!!!!!!!!!!!
Posted by: peterparker | May 26, 2009 1:09:17 PM
We are not fucking 2nd class citizens godamnit!!! RIOT!!!!!!!
Posted by: Shae | May 26, 2009 1:09:27 PM
Hope my last comment doesn't come off as disingenuous... obviously this is a huge blow, but the forest and the trees etc.
Posted by: Harrison | May 26, 2009 1:09:55 PM
RIOT! RIOT! RIOT!
KILL ALL BREEDERS! KILL ALL CHRISTIANS AND MUSLIMS! NUKE CALIFORNIA!
Posted by: DEATH TO BREEDERS! | May 26, 2009 1:10:07 PM
California is now part of that conservative backwater that is the rest of the nation. Shame, they have such lovely weather. SPEND YOUR MONEY IN MA, VT, CN, IA, ME and NH, where we are equal to our straight brothers and sisters.
Posted by: Andalusian Dog | May 26, 2009 1:10:15 PM
As ridiculous as this sound, all gay men and lesbians should leave California as soon as possible for a state that allows Freedom. Let's see how that will affect the state.
Posted by: taodon | May 26, 2009 1:10:30 PM
Shame on the California Supreme Court. Shame on the voters of California. I am embarrassed for you.
Posted by: Andrew | May 26, 2009 1:12:51 PM
So in California marriage is ONLY between a man and a woman - except for those same-sex marriages that began before Prop 8 passed . . . oh yea . . . that will be much less confusing for the children.
Posted by: Kevin | May 26, 2009 1:13:14 PM
A disgusting decision and a battle lost (for now). But we WILL win the war over this incredible and cruel stupdity.
My heart goes out to my brothers and sisters in CA.
Posted by: ichabod | May 26, 2009 1:13:33 PM
California will never, even if it passes same sex marriage in future, see a dollar of mine.
Posted by: Angry 2nd Class Citizen | May 26, 2009 1:14:54 PM
Take to the streets people! Especially in California! We're going to have to turn out in huge numbers to get any press attention on the same day that Obama announced his supreme court pick.
I'll be at Santa Monica & San Vicente at 7pm tonight!!!
Posted by: Lewis Payton | May 26, 2009 1:14:59 PM
What a sad day this is.
Posted by: Mike | May 26, 2009 1:15:07 PM
Bigotry wins, as expected. This is of course the same state that elected Arnold Schwarzenegger as Governor.
So it'll get voted on again in the next election, apparently.
Posted by: Roscoe | May 26, 2009 1:16:01 PM
I still don't understand how allowing the marriages to remain, while preventing future gays and lesbians from marrying, isn't a violation of the federal constitution's equal protection clause.
Maybe a lawyer wants to explain?
Posted by: Aaron Rowland | May 26, 2009 1:17:15 PM
My husband and I got married in Canada before the Supreme Court allowed same sex marriages. then it was allowed. We asked our County clerk if we could get married again in California, they said no we are married. What happens to all those marriages done in other countries before Prop 8 passed, they number more than 18,000
Posted by: Matthew | May 26, 2009 1:17:22 PM
I am so broken hearted. I was hoping California would continue with the wave that is sweeping the nation and in doing so win us the power to really gain momentum that will never be stopped. Sadly I feel like this was a heavy blow.
I encourage us all not to lose hope though. Let this fire us into never sitting idle a moment longer. Let no one forget the shame this has caused California and may this ignite us into even greater action!
Posted by: Blaz | May 26, 2009 1:18:04 PM
fucking hell.
Posted by: liz templin | May 26, 2009 1:18:43 PM
The final nail in the coffin of the Great State that I was born in. It has become an ungovernable, broke, under educated, bigoted place. I am so glad I sold my over priced home and got the hell out when the getting was good. Go East young gay man. There still burns the beacon of liberty.
Posted by: pete | May 26, 2009 1:18:44 PM
Did anyone download the opinion? The Court page seems to be down.
Posted by: TomL | May 26, 2009 1:18:45 PM
So what's our next LEGAL move??
Posted by: ugotmeinsd_619 | May 26, 2009 1:19:03 PM
I feel bad for you guys in CA. about this (although SOME of you can be criticized for not getting out to vote last November), but I also understand you don't have an easy job with these subjects out there. CA. is too diverse, ethnically, etc. (Not like Iowa and MA. and other states..) That's why New York might have a hard time too.
Posted by: JT | May 26, 2009 1:19:13 PM