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Court rules ban on gay marriage is valid

Couples already married remain legally united

Nicole C. Brambila • The Desert Sun • May 27, 2009

The California Supreme Court on Tuesday upheld the same-sex marriage ban voters approved in November while ruling the state's 18,000 same-sex marriages will remain valid.


The ruling ignited protests that are sure to raise support for a future ballot battle, possibly as early as next year, as reported Tuesday on mydesert.com.

Locally, opponents of the ban huddled around laptops at Koffi in downtown Palm Springs, waiting for the court's ruling. Many called the decision expected and disappointing.

“Today is a solemn day in the state of California,” Palm Springs Mayor Steve Pougnet, who married his longtime partner in October, said in a statement.

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“I am saddened, as are so many others, that our Supreme Court issued a decision that enshrines discrimination in our Constitution. … As same-sex marriage moves forward in other states, I am certain that one day soon, gay men and lesbians in California will also realize full marriage equality as fair-minded generations undo the events of this past year.”

In November, 52 percent of voters statewide approved Proposition 8, which defined marriage as between a man and woman only.

The voter initiative, which went on the ballot after a petition drive, overturned a 4-3 state Supreme Court ruling in May 2008 that found gays and lesbians are a protected class.

Although many anticipated the ruling, others said they didn't see it coming.

“I personally thought it would go the other way,” said Rita Figueroa, an Indio resident who supported Proposition 8. “I think after two times of voting in California, I'm glad that they upheld it.

“I think we should be worrying about how we should get our state back on track (financially) and put this behind us and go forward.”

California voters have twice voted to define marriage as between a man and woman since 2000. In May 2008, justices struck down as unconstitutional a gay marriage ban that more than 60 percent of voters approved.

Some regretted not tying the knot when they could.

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“I didn't feel I had to rush to the altar. Maybe I should have,” said R. Jonathan Taylor, who organized a protest outside the Riverside County courthouse in Palm Springs on Tuesday night.


Proposition 8 opponents had argued the voter initiative stripped a minority group of its rights and required a higher threshold — legislative approval — before changing the constitution. The legal challenge to Proposition 8 was widely considered a long shot by constitutional law experts.

Supporters defended the measure, saying Californians have the right to change their constitution, which has been amended more than 500 times since it was ratified in 1879.

‘Painful setback'

The court's 6-1 ruling Tuesday found that limiting marriage to opposite-sex couples “does not have a substantial or, indeed, even a minimal effect on the governmental plan or framework of California.”

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Court watchers had expected a split ruling. Justice Carlos R. Moreno was the one dissenting vote.

In their ruling, justices argued Proposition 8 did not “fundamentally alter the meaning and substance of state constitutional equal protection principles,” but instead carved out a “narrow and limited exception.”

The attorney who challenged the validity of Proposition 8 before the court in March called the ruling a “painful setback.”

“The Court's decision is deeply conflicted and, ultimately, illogical,” Shannon Minter, legal director for the National Center for Lesbian Rights said in a statement to The Desert Sun.

“The Court upheld Prop. 8 despite recognizing that it subjects same-sex couples to unequal treatment under the law, thereby establishing a dangerous precedent that the majority can penalize any unpopular minority through a simple majority vote.”

Supporters hailed the decision as a triumph for traditional marriage.

“This is a tremendous victory for the family and marriage,” said Mathew D. Staver, who filed a petition to intervene in the case and founded Liberty Counsel, a Florida nonprofit that aims to advance conservative religious beliefs.

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“This is a tremendous shot of adrenaline in the pro-marriage rights movement.”


Staver, however, took issue with the court's decision to rule the provision does not apply retroactively, saying the ruling was a “political compromise.”

‘Grateful' for ruling

Same-sex marriage is an issue that resonates with many in the Palm Springs area, where rainbow flags, an icon of gay pride, flutter outside downtown businesses and adorn bumper stickers. The city boasts one of the largest gay populations per capita in the United States.

“I am pleased that the marriages have been upheld,” said George Zander, chair of the Desert Stonewall Democrats, the largest Lesbian, Gay, Bisexual, Transgender political organization in Riverside County that champions gay civil rights.

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“I'm disappointed, but not surprised that Prop. 8 was also upheld, but it doesn't change the fact that the civil rights movement for LGBT people continues and it starts today.”

Supporters expressed relief that the court upheld the amendment.

“We're grateful this court did not overturn the civil rights of all Californians to amend our own constitution,” Brian Brown, executive director of National Organization for Marriage, said in a statement. “The 7 million Californians who worked hard to protect marriage as the union of husband and wife are breathing easier today.”

The New Jersey-based nonprofit was founded in 2007 to organize opposition to same-sex marriage initiatives in state legislatures.

In an ironic twist, high courts in other states have used the rationale in last year's marriage case to usher in same-sex marriage.

Since California voters approved the gay marriage ban in November, Iowa, Maine and Vermont joined Massachusetts and Connecticut in permitting same-sex marriage. Roughly 30 states have constitutional amendments that define marriage as between a man and woman.

“It is very disappointing that a majority of Californians can take away a right from a group of people,” said Palm Springs resident Andy Lenski, who is a board member of the Washington D.C.-based Human Rights Campaign Foundation, which champions gay civil rights.

“It doesn't bode well for the rest of the country. California has really fallen from first to last place.”

Desert Sun Staff Writer Denise Goolsby contributed to this report.

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