California Supreme Court Upholds Proposition 8

Tuesday, May 26, 2009


The California Supreme Court today upheld Proposition 8 which banned same-sex marriage but also ruled the 18,000 gay couples who wed before the election will continue to be married under state law.

The court’s split 6-1 on the constitutionality of Proposition 8, reflects the political philosophy of each judge, as well as the governor who appointed them to the court. All but one of the seven justices are Republicans and were appointed by Republican governors.

Here is the name of each California Supreme Court judge, the governor who appointed them and how they voted.

Voting to UPHOLD Proposition 8:

Chief Justice Ronald M. George (appointed by Gov. Pete Wilson)
Justice Joyce L. Kennard (appointed by Gov. George Deukmejian)
Associate Justice Marvin R. Baxter (appointed by Gov. George Deukmejian)
Associate Justice Kathryn Werdegar (appointed by Gov. Pete Wilson)
Associate Justice Ming Chin (appointed by Gov. Pete Wilson)
Associate Justice Carol Corrigan (appointed by Gov. Arnold Schwarzenegger)

Voting to STRIKE DOWN Prosition 8:

Justice Carlos R. Moreno (appointed by Gov. Grey Davis)

Last fall, California was one of only two states, the other was Massachusetts to permit same-sex marriage. Today, Iowa, Connecticut, Vermont and Maine have since legalized it, and lawmakers in New York, New Jersey and New Hampshire are considering bills of their own.

This entry was posted in California, Gay and Lesbian, Gay Marriage, Human Rights, News, Politics and tagged , , , , , , , . Bookmark the permalink.

11 Responses to California Supreme Court Upholds Proposition 8

  1. Fran says:

    Now they have created a whole new legal issue. How can 18,000 gay couples have the right to marry but not others?

    They have just created a Grand Canyon sized problem regarding equal rights.

    Was that the intent? To create a segway for an equal rights court case? If so than Bravo!

  2. bradfrmphnx says:

    One would think that a State Supreme Court Justice would know about the 14th Amendment.

    Our country is not a Democracy. It is a Republic. A public vote should not stand if it is against the Constitution of the United States.

    This is an abomination of justice.

  3. Anti-Prop 8 Protests In Over 100 Cities Tonight, Tuesday May 26th 2009

    A full listing of tonight’s actions in over 100 cities in the U.S. and Canada can be found at

  4. retahyajyajav says:

    So as I read the ruling, the California Supreme court wants it both ways:

    1. uphold Prop 8 and thus preserve the rule of the voter which is really the tyranny of the majority on the majority and,

    2. create a special category or class for the 18,000 gay couple who married between November and June.

    My prediction is, the Mormons will next mount a campaign to overturn the remaining 18,000 gay couples who got in under the wire.

  5. Dean Remick says:

    I am embarrassed and livid at my state, and the Supreme Court. These piss-ass judges need to go. They were appointed by Republican governors and they’re out of touch. Let this be a reminder of why the election of a president or a governor has many ramifications. One the biggest is appointments to the courts.

  6. Those damn activists judges…oh wait, thats what they are when the “Right” is mad at the outcome of a ruling…

  7. Fran says:

    Let me clarify– their decision sucks- but my “Bravo” was if this results in a major court case that challenges equal rights… than good.
    Frankly, I hope someone files an Equal rights case with the legal help of the ACLU- as early as tomorrow.

  8. Randy Arroyo says:

    Pardon my stupidity but how can 18,000 gay and lesbian couples be equal under the law but no other gay or lesbian couple meets the threshold? Isn’t this like saying the sun sets in the west except when it doesn’t? The decision makes no sense except for the 18,000 couple the court decided to leave alone.

  9. I didn’t read the opinion, but I understand that it is narrow and upholds California’s odd initiative process which, one would think, shouldn’t be used to allow the majority to tyrannize the minority. Does that mean that the Prop 8 douchebags can try to initiate a referendum voiding the 18,000 gay marriages that still stand? Just curious.

  10. Crapaud says:

    Voice your thanks to:

    Kenneth W. Starr
    24569 Via De Casa
    Malibu, CA 90265-3205
    (310) 506-4621

  11. R.J. Lebeau says:

    Chris, I’m so mad over this. Remember that web sticker I had on my CaliTejano site? It’s back up on my writing blog and it’s not coming down until that proposition is repealed.

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