Upholding Prop 8 in California: a proper decision

The California Court upheld Prop 8 today. While I don't have to like the result, I have to say that from a Legal perspective, it was proper.

This same Court once ruled that gays and lesbians could not be discriminated against in the criteria for issuing marriage licenses. They held that the California State Constitution prohibited unequal protection.

When the citizens dont like laws resulting from Constitutional interpretation, their recourse is to amend the Constitution. That is what California citizens did when they passed Proposition 8.

Opponents of Prop 8 took that vote to court. One must be clear here that the issue was NOT should gays have the right to marry: the issue was, narrowly defined, whether or not the process used in amending the California Constitution was appropriate. The Court that initally granted Marriage Equality was forced - by a 6-1 vote - to also rule that the Citizens of California were within their legal right to overturn that decision, and that they did so according to California Law.

Of course, this battle is not over..

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