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State's Top Court Backs Proposition 8.
Gay rights supporters rally in front of San Francisco City Hall on Tuesday.
SAN FRANCISCO -- California's Supreme Court upheld the state's gay-marriage ban in a ruling Tuesday that ignited protests and was likely to fuel new efforts by gay-rights activists to legalize same-sex weddings.
At the same time, the court validated the 18,000 same-sex marriages performed in California before Proposition 8 was passed. These marriages will continue to be recognized by other states that have legalized same-sex marriage. But if a legally wed gay couple from other states move to California, their marriage wouldn't be recognized, legal analysts say.
The court ruled 6 to 1 that it couldn't overturn the Proposition 8 initiative banning gay marriages -- approved by California voters in November -- because the measure didn't illegally revise the state's constitution, as opponents had charged. Instead, the court concluded the ballot measure amended the state constitution in a way permitted under California's initiative system, which gives voters broad powers.
California's Supreme Court upheld Proposition 8, the same-sex marriage ban. On Sunday, thousands of Bay Area residents attended church service as they awaited the court's decision.
By preserving the married status of the 18,000 same-sex weddings without restoring the legality of gay marriages, the court left itself open to legal challenge, some analysts said. The court interpreted those marriages as legal because they were entered in good faith before California's constitution was amended, said Linda McClain, a law professor at Boston University. In addition, Proposition 8 didn't specify pre-existing gay marriages should be invalidated, she said.
The ruling is likely to have national implications. For gay-marriage opponents, it's a "shot in the arm," said Bruce Hausknecht, a judicial analyst for Focus on the Family Action, an arm of Colorado-based conservative group Focus on the Family. He said the boost comes at a critical time for the anti-gay-marriage movement, because several other states have legalized same-sex marriage recently, including Vermont, Maine and Connecticut.
Mr. Hausknecht said traditional-marriage advocates would use the California decision "to communicate to people all around the country that at the end of the day, citizens do still control how they're governed."
The decision also is a potential new rallying call by gay-marriage activists. Thousands of people are expected to meet Saturday in Fresno, Calif., to kick off efforts to put a new initiative on the ballot to overturn Proposition 8 and start work on having same-sex marriages recognized at the federal level.
"Now, the burden is back on us to reach out to our neighbors and the voters of California," said Shannon Minter, legal director for the National Center for Lesbian Rights, at a press conference Tuesday at San Francisco City Hall.
Several gay-rights groups said they would try to qualify a ballot measure supporting gay marriage for the 2010 general election.
Opponents of same-sex marriage who were at the courthouse cheered the decision. "It's not a 100% victory, but it's a significant step," said 26-year-old Vladimir Musorivschi, a college student in Sacramento.