Gay marriage proponents had little chance of overturning Proposition 8 because California's notorious initiative process guarantees, in powerful legal language, voters' right to amend the state's constitution, legal analysts said Tuesday.
In the end, the California Supreme Court rejected arguments that the gay marriage ban, passed by the voters last fall, was such a fundamental change that it qualified as a constitutional revision - not just an amendment - and therefore needed to first go before lawmakers.
Chief Justice Ronald George, writing for the 6-1 majority, concluded that denying gay couples the word "marriage""does not have a substantial or, indeed, even a minimal effect on the governmental plan or framework of California."
The justices' conclusion that Proposition 8 is not a constitutional revision doesn't speak to the issue's significance, George wrote. He noted that it was California's initiative process that led to women's voting rights, the reinstatement of the state's death penalty and legislative term limits.
"Thus, it is clear that the distinction drawn by the California Constitution between an amendment and a revision does not turn on the relative importance of the measure but rather upon the measure's scope," he wrote.
Regardless of how you feel about gay marriage, doesn't this decision violate some fundamental law of equality? How can the same status be legal for some and illegal for others? Are we not creating a minority within a minority? Would this be the same as telling only some black people to sit in the back of the bus?
I really don't understand why government is involved in marriage at all. As far as I'm concerned, if you can find a church or whatever, that will marry you ... then what does the government care?
The ideal solution is to make "civil unions" available to everyone. Through these contracts, couples of any persuasion will have access to the same benefits and incentives bestowed by the state to married couples now. If a couple wants to also be joined in their religion, fine, we can leave those decisions up to individual churches. As long as religion is allowed to dictate the behavior of government, this issue will always be a gigantic social wedge.