In the spirit of helpfulness, here is a link to the Supreme Court's Prop 8 High Profile Cases page. You'll find the decision posted there in just under an hour.
UPDATE by Dave: The egg stays off Tommy Christopher's face, as the Court upholds Prop. 8 by a 6-1 count, with Judge Moreno the only dissenting vote. The judges unanimously uphold the 18,000 existing marriages.
UPDATE by Robert: The decision is about as bad as it can get - the logic used to uphold Prop 8 is everything Ken Starr hoped it would be. Two key excerpts:
Contrary to petitioners' assertion,
Proposition 8 does not entirely repeal or abrogate the aspect of a same-sex couple's state constitutional right of privacy and due process that was analyzed in the majority opinion in the Marriage Cases - that is, the constitutional right of same-sex couples to "choose one's life partner and enter with that person into a committed, officially recognized, and protected family relationship that enjoys all of the constitutionally based incidents of marriage" (Marriage Cases, supra, 43 Cal.4th at p. 829). Nor does Proposition 8 fundamentally alter the meaning and substance of state constitutional equal protection principles as articulated in that opinion. Instead, the measure carves out a narrow and limited exception to these state constitutional rights, reserving the official designation of the term "marriage" for the union of opposite-sex couples as a matter of state constitutional law, but leaving undisturbed all of the other extremely significant substantive aspects of a same-sex couple's state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection of the laws.
And the clear embrace of the Starr Doctrine:
Neither the language of the relevant constitutional provisions, nor our past cases, support the proposition that any of these rights is totally exempt from modification by a constitutional amendment adopted by a majority of the voters through the initiative process.
To the CA Supreme Court, voters can do whatever the fuck they want to via the initiative process.
CA is officially broken.
UPDATE by Dave: State Senator Mark Leno, who wrote the two gay marriage bills passed by the legislature and vetoed by Arnold Schwarzenegger, has released a statement. So has Sen. Feinstein, CDP Chair John Burton, House Speaker Pelosi and Lt. Governor Garamendi. I'll catalog them on the flip:
UPDATE by Brian:I'll post videos from SF City Attorney Dennis Herrera's press conference as soon as I can upload them.
"Today's decision is extremely disappointing for California and hurts thousands of caring couples who wish to make lifelong commitments to one another through marriage. Let today's decision be a rallying cry for all Californians who believe in equality and fairness, and encourage thousands more to stand up and fight the pervasive injustices LGBT people face in our community and our nation."
"The issue before this court was much greater than marriage equality. The question asked of our justices goes to the core of our society. Can a majority vote undermine a foundation stone of our constitutional democracy, equal protection under the law? Today our highest court ruled that minorities do not matter."
"Through our disappointment, we will still find hope and encouragement, including the 18,000 couples whose marriages in California remain secure and protected today. Through our sadness, our resolve to fight for justice and equality only grows stronger. Love is an unstoppable force, and equality is right around the corner."
Speaker Pelosi:
Today's ruling by the Supreme Court in support of Proposition 8 is deeply disappointing because this ballot initiative takes away individual rights.
I have long fought for equality for all of California's families and will strongly support efforts to restore marriage equality in California, so it can join the ranks of states such as Iowa and Vermont.
Lt. Gov. Garamendi:
Today we lost an important battle, but on this disappointing day, it's worth remembering that the final outcome of this struggle has already been determined. Time is on our side, and Californians will one day soon repeal Proposition 8. Patti and I have been married for 43 years, and we stand shoulder-to-shoulder with the LGBT community and their allies as they work to convince the electorate that all Californians, regardless of sexual orientation, deserve access to marriage and equality. While we will always face roadblocks, our society journeys down a path of increased equality under the law.
Sen. Feinstein:
I know today's decision is a tremendous disappointment for many people. But I also know that the opinions of Californians are changing on this issue, and I believe that equal marriage rights will one day be the law in this state. This is already the case in Connecticut, Iowa, Maine, Massachusetts and Vermont. So, I believe this issue will come before the voters again, and I am very hopeful that the result will be different next time.
Today's State Supreme Court ruling also declares that the 18,000 same-sex marriages that have already taken place in California are valid, and I believe these marriages will allow people to see for themselves that marriage equality is a step forward for California and not a step back.
Chairman Burton:
Today's decision, while heartbreaking, doesn't end the historic struggle for marriage equality. It renews our dedication to making sure all California families can again enjoy the dignity, commitment and responsibility of marriage.
I commend the California Supreme Court for validating the rights of the 18,000 lesbian and gay couples who married last year before Proposition 8 passed. These couples and their children will continue to enjoy the full security and legal protection of marriage.
Within the next few years, I know California will restore legal, civil marriages for gay and lesbian couples. The California Democratic Party will play a leading role in ending marriage discrimination in California and I look forward to the day when that happens.
