The California Supreme Court, by a 6-1 vote, rejected a constitutional challenge to Proposition 8, the ballot initiative passed by voters last November, which stated, “Only marriage between a man and a woman is valid or recognized in California.”
According to a press release from the Supreme Court website, the court also held that the provision of Proposition 8 only applies prospectively, and that the approximately 18,000 marriages of same-sex couples that occurred prior to November 5, 2008, will continue to remain valid.
In the majority opinion, the justices noted that it was not the court’s role to determine whether or not Proposition 8 “is wise or sound as a matter of policy or whether we, as individuals believe it should be a part of the California Constitution,” but rather “is limited to interpreting and applying the principles and rules embodied in the California Constitution.”
The heart of the case was whether or not Proposition 8 was a constitutional amendment or revision. Petitioners argued in their cases that Proposition 8 was in fact a revision of the state constitution.
Under the California Constitution, the initiative process may be used to propose and adopt constitutional amendments, but may not be used to revise the state constitution.
Raoul Mercado, a volunteer at Santa Maria’s Pacific Pride Foundation, said he views the ruling as a “double-edged sword.” Mercado and his partner of 13 years were one of the 18,000 couples that had their marriages upheld by the court.
“I’m sad that other people who didn’t get married can’t now, but I’m happy that we did. We’ve been together a long time,” he said.
Proposition 8 passed, Mercado said, partly because of legal wording— specifically the use of the word “marriage.” There are many people who believe marriage should be between a man and a woman. Another reason for the amendment’s passage was negative campaigning that said gay marriage issues would be taught in California schools.
“I think that was what broke the camel’s back,” Mercado said. “People were afraid that it would be jammed down their throats, but, really, everyone has a choice.”
Mercado added that he hopes that same freedom to choose—especially when deciding to get married—will soon be granted to all Californians, regardless of sexual preference.
“I wish people would understand that we’re just your everyday folks. We’re your neighbors; we pay our bills and we put our shoes on the same way as everyone else—one foot at a time,” he
This article appears in Jun 4-11, 2009.
