California Supreme Court Upholds Gay Marriage Ban

[Gaybutton]

California High Court Upholds Same-Sex Marriage Ban

 

SAN FRANCISCO, California (CNN) -- The California Supreme Court upheld Tuesday a ban on same-sex marriages that state voters passed in November, but it allowed about 18,000 same-sex marriages performed before the ban to remain valid.

 

The split ruling was met with chants of "shame on you" from a crowd of about 1,000 people who gathered outside the court building in San Francisco.

 

"It's nice that my marriage is still intact, but that's not the point," said Kathleen White, who married her partner in 2008.

 

Opponents of the ban argued that the controversial Proposition 8, which state voters passed, 52 percent to 48 percent, in November, improperly altered the California Constitution to restrict a fundamental right guaranteed in the state's charter.

 

But the court -- which had allowed same-sex marriages in a 2008 decision -- found the measure was narrow enough to pass legal muster.

 

Attorneys for the opponents also said the proposition, which removed the "marriage" label from same-sex unions, effectively deprived same-sex couples of a fundamental right guaranteed them under the equal-protection clause in the U.S. Constitution.

 

The passage of Proposition 8 made California one of several states to ban same-sex marriage in the November 4 elections. But unlike others, California had been issuing marriage licenses to same-sex couples since the state Supreme Court ruled in May 2008 that the unions were legal.

 

Four states -- Connecticut, Maine, Massachusetts and Iowa -- allow same-sex marriages. A Vermont law making such marriages legal will take effect in September.

 

On May 6, same-sex marriage became legal in Maine as Gov. John Baldacci signed a bill less than an hour after the state Legislature approved it.

 

In April, the Iowa Supreme Court ruled unanimously that it is illegal to discriminate against same-sex couples by denying them the right to marry. The first gay marriages in the state took place April 27.

 

The District of Columbia voted May 5 to recognize same-sex marriages performed elsewhere, though it does not itself give marriage licenses to same-sex couples.

 

In April, New York Gov. David Paterson introduced legislation to make same-sex marriage legal in his state.

 

New Hampshire's move to legalize same-sex marriage hit a road bump Wednesday after that state's House of Representatives did not agree to legislation changes made by the governor.

 

Both the House and Senate already had approved allowing gay couples to marry. But Gov. John Lynch, a three-term Democrat, said he would sign a same-sex marriage bill only if it provides "the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions."

 

The House on Wednesday fell two votes short of approving Lynch's language. The chamber then voted to send the legislation to a committee to be considered further.

[Guest Astrrro]

New Hampshire just legalized gay marriage.