Supreme Court Upholds Prop 8
RAFU STAFF AND WIRE REPORTS
Saturday, May 30, 2009

API Equality among groups to protest decision by state Supreme Court.

MARIO G. REYES/Rafu Shimpo
Opponents of Proposition 8, which banned same-sex marriage, protest the California Supreme Court decision upholding the proposition on Tuesday outside of the East Los Angeles Recorder Office.

Stephanie Van of API Equality LA protests
the Supreme Court decision on Tuesday
in East Los Angeles.

The California Supreme Court on Tuesday upheld the constitutionality of Proposition 8, the voter-approved measure that banned same-sex marriage in the state, but the court also ruled that the unions of roughly 18,000 same-sex couples who were wed last year will remain valid.

Despite the conclusions in the 186-page ruling, the battle over same-sex marriage in California is likely to continue, with supporters insisting they will try to get the matter back on the ballot.

The state’s highest court heard oral arguments in March from attorneys supporting the measure and from those representing plaintiffs who claim the measure is unconstitutional and improperly amended the state constitution.

In front of the East Los Angeles Recorder Office, 200 supporters of gay marriage had gathered to protest the decision.

“I think it’s disappointing that the Supreme Court didn’t stand by their earlier ruling to protect the rights of minorities and the rights of all people to share equally in the rights of marriage,” said Craig Matsunami, a member of API Equality who worked on the No on 8 campaign last year.

“We are extremely saddened that the Court saw it fit to take away rights from a minority group,” said Karin Wang of Asian Pacific American Legal Center. “Essentially, the court has set forth a dangerous precedent where a simple majority vote is able to strip away the fundamental rights of a protected minority group.”

Voters approved Proposition 8 in November. The ban sparked outrage from gay rights advocates and prompted mass protests across the state.

In the days after the passage of Proposition 8, three lawsuits were filed directly with the state Supreme Court challenging the validity of the measure.

“The court recognized that the power to amend the consti­tution ultimately belongs to the people,” said Andrew Pugno, attorney for ProtectMarriage.com, proponents of Proposition 8. “We are very grateful to the court for agreeing with the arguments we presented in our briefs and in oral argument last March. For the second time in a row, the people have decided that marriage is reserved for a man and a woman and the court has appropriately respected their decision.”

A host of organizations filed petitions with the court in support of the challenges. The city and county of Los Angeles both joined a lawsuit filed by the city and county of San Francisco challenging the measure.

The court, however, determined in the 6-1 ruling that the proposition legally adjusted the state’s constitution.

“Having been approved by a majority of the voters at the Nov. 4, 2008, election, the initiative measure lawfully amends the California Constitution to include the new provision...,” according to the court’s decision.

Advocates for gay marriage vowed to overturn the court decision.

“While today’s decision is deeply disappointing, we are inspired by the recent victories in Iowa and Vermont and are committed to working together so that marriage equality will become a restored right for all,” said Hyun Joo Lee from the National Korean American Service and Education Consortium.