Prop 8 Decision: Read It Yourself


I tend to be a “primary source” person. I like to read stuff for myself and try to figure it out and what I think about it before I go read everyone else’s opinion on it all.

If you are like that too, then here’s the conclusion of the California Supreme Court decision handed down yesterday on Prop 8, marriage equality, revisions and amendments to the state Constitution, etc:

By contrast, a retroactive application of Proposition 8 is not essential to serve the state’s current interest (as reflected in the adoption of Proposition 8 ) in preserving the traditional definition of marriage by restricting marriage to opposite-sex couples; that interest is honored by applying the measure prospectively and by having the traditional definition of marriage enshrined in the state Constitution where it can be altered only by a majority of California voters. …

In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the “inalienable rights” theory proffered by the Attorney General.  We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid.

Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional rule embodied in that measure, it must “find its expression at the ballot box.”

Read the entire deliberation decision here, including the dissenting views.

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