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May 26th, 2009
05:30 PM ET

In California, justice and 'marriage' prevail

Proposition 8, which bans same-sex marriage in California, faced a constitutionality test but was upheld.

Proposition 8, which bans same-sex marriage in California, faced a constitutionality test but was upheld.

Tony Perkins
AC360° Contributor
President, Family Research Council

At every opportunity, the people of California have voted to protect marriage. Nine years, two ballot initiatives, and two lawsuits later, the state's Supreme Court finally respected that decision, upholding Proposition 8's ban on counterfeit marriage in a 6-1 ruling.

A year after imposing same-sex 'marriage' on the state, the same court that initiated the controversy surrendered to the more than seven million voters who, on November 4, upheld the historical definition of marriage as the union of a man and woman.

In FRC's amicus brief, we argued that the effort to overturn Proposition 8 "strikes directly at the heart of California's system of government."

The court acknowledged its limitations in today's opinion, stating, "Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question."

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soundoff (57 Responses)
  1. Mark - San Francisco

    As a GBM (Gay Black Male) i'm really worried about todays ruling. I understand how important it is to have civil rights, my parents had to fight for theirs. I think its funny, here I am 40 yrs later still fighting.

    But what really worries me is, a "majority" vote can take away my rights. Gays had the right to marry before novemeber 4, 2008, that right is now gone. I think as AMERICANS, we should all be really concernced.

    This is a very sad day in the state of CA and our country.

    May 26, 2009 at 10:07 pm |
  2. Vince Mendoza

    I can't believe this is the same court that ruled in favor of gay marriage 1 year ago, and today voted overwhelmingly to keep the Gay-Marriage ban in place.. While i am content it was not a complete loss, i still am angered by the ruling. Marriage is a right that should be granted to all! not just a selected few.. It should not be allowed for a person to vote on another's fundamental right to marriage

    May 26, 2009 at 9:20 pm |
  3. Susan, gay in Texas

    I am so outraged about the failure of this country to protect my rights. The Boston Tea Party had it right, But this time all gay people should refuse to pay taxes. If we don't get equal rights, then by golly we shouldn't pay taxes!!!!!!

    May 26, 2009 at 8:56 pm |
  4. Helen

    This is an unjust ruling for not only for the gay community but to those, including myself, who support gay marriage and equality. The majority ruling of six judges in CA's court turned down a path that will to provide basic civil rights for gays that any other couple have in that state. I am a Christian and I won't vote for a law that will discriminate a certain "type" of people just because they are a minority who are not "same" as us. Prop8 is promoting discrimination. CA's ruling will inevitably bring shame to those who supported the proposition in the future.

    May 26, 2009 at 8:54 pm |
  5. Sarah,San Jose, CA

    Do people really think that people choose to be gay and not born gay in the world we live in.
    It would be crazy if the law of the world was saying that people could only love people of the same sex, I'm sure that hetrosexuals would find this impossible to do. This is what is expected of the gay community it's unnatural for them to fall in love with the opposite sex.

    May 26, 2009 at 8:52 pm |
  6. Glen

    Once the word "America" symbolized the hope of the world. A beacon of freedom, liberty and justice that served as a model for all civilized nations. Now, thanks to those know all of Christs words and nothing of his spirit, the USA has fallen behind formerly fascist Spain and South Africa (less than 15 years after apartheid). Shame.

    May 26, 2009 at 8:44 pm |
  7. Niki

    “laws and institutions must go hand in hand with the progress of the human mind as that becomes more developed [and] enlightened.” -Thomas Jefferson

    One day equality for every American will come. Oppression of a group of people is unconstitutional. Where is our separation of Church and State?
    Wake up California!

    May 26, 2009 at 8:35 pm |
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