It’s final: No same-sex unions in California

CALIFORNIA - Hundreds of people stood anxiously outside the steps of the California Supreme Court in San Francisco Tuesday morning waiting for the court’s decision on Proposition 8, the voter-approved ban on same-sex marriage.

Within minutes after the state court made its decision, a boo rang out in the crowd followed by a chorus of “shame on you” as saddened and emotional yet hopeful supporters of same-sex marriage commiserated with each other on the state court’s 6-1 vote.

The battle began in San Francisco in February 2005 when San Francisco Mayor Gavin Newsom allowed same-sex couples to obtain marriage licenses in the city. In May 2008, the California Supreme Court ruled that same-sex couples have the right to marry but in the November 2008 election, California voters passed Prop 8, a signature-driven ballot banning same-sex marriage. Opponents of Prop 8 argued it was a revision that requires two-thirds vote in the legislature not voter majority. The court majority ruled that Prop 8 was a valid amendment not a revision.

Lone dissenter Justice Carlos Moreno said Proposition 8 is not a lawful amendment to the California Constitution, and “that requiring discrimination against a minority group on the basis of a suspect classification strikes at the core of the promise of equality that underlies our California Constitution.” He added, “Promising equal treatment to some is fundamentally different from promising equal treatment for all. “

The decision was a small yet hollow victory for the 18,000 people who got married between the May 2008 ruling and November 2008 election. Their licenses remain intact. Mayor Newsom sees this as a sign to continue the fight for equal rights.

“When California started this journey five years ago, we were traveling virtually alone. In fact, many states that year voted to ban same-sex marriage. Today, five states, including Iowa, have moved to affirm marriage rights for gay couples, and more are poised to follow. Now we must redouble our efforts here in California to finally win this fight for equal rights,” said Mayor Newsom in a written statement.

Many “No on Prop 8” in the crowd were not surprised by the decision due to 52 percent voter passage last November, and said they will continue to fight for their rights for equality. Supporters of Prop 8 were a minority and less vocal in the crowd but very pleased with the court’s decision saying the Court simply did its job, upholding the voter majority passage that only marriage between a man and woman is valid in California.

All day long, peaceful protests and marches throughout city blocked traffic at major intersections which resulted in about 170 arrests. Two and a half hours after the announcement, hundreds of protestors staged a sit-in at a busy intersection near the court building. Protestors had gathered in the South of Market by afternoon and the city’s famous Castro district till sundown.

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