Prop. 8 upheld – 18,000-plus marriages remain legal

This is what was expected but it does not make it any less disappointing. The California Supreme Court, which overturned the ban on gay marriages in the state a year ago, have upheld the voter-approved referendum which banned it again. The 18,000-plus same-sex couples who were married during the window when it was legal can stay married.

The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52 percent of the vote.

LA Gay & Lesbian Center CEO Lorri Jean has released a post-ruling statement that puts this ruling in perspective a bit:

“Today, our Supreme Court sent a mixed and troubling message. While upholding the legal marriages of the 18,000 same-sex couples who married in California, the ruling establishes that all Californians are NOT entitled to equal protection of the law.  This is a sad day for our state and a setback for the cause of freedom and fairness.

But it’s also important to keep this in perspective.  Every noble struggle known to man or woman has been filled with losses—temporary defeats that people had to endure and overcome. We must pick ourselves up and move forward, knowing that justice ultimately will prevail and the right to marry will one day be ours forever.

Fortunately, this loss comes amidst a veritable tide of progress in many other state supreme courts and legislatures—a tide that cannot be turned back, no matter today’s decision.  Not only are courts and legislatures recognizing that it’s wrong to discriminate against any group of people by denying them the fundamental freedom to marry the one they love, but now even a majority of Americans agree.  Most people in the nation now believe that same-sex couples should be treated equally under the law.

That is enormous progress and we e cannot let one election, one court case, one defeat – or even many defeats – stop us. And we must not let such challenges limit our dreams. Those who came before us and who could never imagine our successes did not give up. We owe the same dedication to those who are yet to follow.

Most importantly, we cannot afford to lose sight of the bigger picture. Ours is not a fight simply for the freedom to marry. Ours is a fight for full equality; full equality and nothing less.”