Associated Press & Amy Sienicki
May 26, 2009
SAN FRANCISCO -- The California Supreme Court has decided that gay marriage will remain outlawed in the state.
In a 6-1 decision, the justices ruled this morning that Proposition 8, the voter-approved ban on same-sex marriage, can stand. But they did allow about 18,000 gay couples who wed before the ban was passed to stay married.
"It just means that same sex couples will still have the availability to file a domestic partnership with the state of California," says Siskiyou County Clerk Colleen Setzer.
Gay rights supporters had challenged the ban, arguing it revised the state constitution's equal protection clause dramatically and therefore should have gone to lawmakers first.
But the court says Californians have a right to change their constitution through the ballot box and that Proposition 8 doesn't deny gay couples any fundamental rights.
Chief Justice Ron George wrote the majority opinion. Justice Carlos Moreno was the lone dissenter, saying the ban does deny gay couples equal rights.
Meanwhile, police have arrested more than 150 same-sex marriage backers who blocked a San Francisco street to protest the ruling.
Hundreds of protesters streamed into an intersection near City Hall following the announcement of the state Supreme Court's decision Tuesday morning.
Police Sgt. Lyn Tomioka said officers cited protesters for failure to obey a police officer and jaywalking.
Gov. Arnold Schwarzenegger said it's only a matter of time before gay marriage is recognized in California.
In a statement, Schwarzenegger did not directly address whether he agrees or disagrees with the decision. Instead, he said he believes "either the people or the courts" will one day legalize same-sex marriages.
He applauded the court's decision to allow the gay weddings that took place between June and November.
Last year, the state of California removed the words 'bride' and 'groom' from its marriage license. Despite today's ruling, those titles will stay off the form. The Siskiyou County Clerk says checking the words 'bride' and 'groom' will remain optional.
