California Gay Marriage

  • On May 26, 2009, the California Supreme Court upheld the state's ban on gay marriage. The decision upholds California's Proposition 8, which changed the state's constitution to ban legalized same-sex marriages. The state's high court did rule that the nearly 18,000 gay couples who married prior to Prop 8's passage would be recognized as legal.Los Angeles Times: Prop. 8 upheld by California Supreme Court (May 26, 2009)

    The Prop 8 ballot initiative was originally approved by a majority of California voters on November 4, 2008.ABC: Obama Surge Confounds Gay Marriage (October 28, 2008)

  • Background

    In a 4-3 ruling, the California Supreme Court overturned the state's same-sex marriage ban on May 15, 2008. The high court said the "right to form a family relationship" applied to all Californians, regardless of sexuality.The New York Times: California Court Affirms Right to Gay Marriage (May 15, 2008)

    The ruling came after the court heard a case in March of 2008, asking whether gay people had a constitutional right to get married.The New York Times: California Court Affirms Right to Gay Marriage (May 15, 2008)

    Prior to the May ruling, gay marriage was banned in California but a domestic partnership law gave gay and lesbian couples almost the same legal rights as people in heterosexual marriages.The New York Times: California Court Affirms Right to Gay Marriage (May 15, 2008)

  • The May 2008 Ruling

    "In view of the substance and significance of the fundamental constitutional right to form a family relationship. The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."— Ronald M. George, Chief Justice of the California Supreme CourtThe New York Times: California Court Affirms Right to Gay Marriage (May 15, 2008)
  • Ballot Amendment

    After collecting over one million signatures, a ballot amendment was approved for the general election on November 4, 2008. Added to the ballot was the proposal for an amendment to the state constitution, Proposition 8, effectively banning same-sex marriages and defining marriage as between one man and one woman.SF Gate: Initiative to ban gay marriage is on ballot (June 2, 2008)

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