This article was taken from World Net Daily and was posted on Tuesday, May 26, 2009.
The California Supreme Court today affirmed a voter-approved state constitutional amendment that limits marriage to one man and one woman.
But in a decision today that essentially was a 6-1 vote, the court upheld the estimated 17,000 to 18,000 same-sex relationships that were formalized last year between its approval of “gay marriage” in May and the November ballot initiative that overruled the decision
“We conclude Proposition 8 constitutes a constitutional amendment rather than a constitutional revision. As a quantitative matter, petitioners concede that Proposition 8 – which adds but a single, simple section to the Constitution – does not constitute a revision,” said the majority opinion written by Chief Justice Ronald George.
“As a qualitative matter, the act of limiting access to the designation of marriage to opposite-sex couples does not have a substantial or, indeed, even a minimal effect on the governmental plan or framework of California that existed prior to the amendment. Contrary to petitioners’ claim in this regard, the measure does not transform or undermine the judicial function; this court will continue to exercise its traditional responsibility to faithfully enforce all of the provisions of the California Constitution, which now include the new section added through the voters’ approval of Proposition 8,” he said.
“Furthermore, the judiciary’s authority in applying the state Constitution always has been limited by the content of the provisions set forth in our Constitution, and that limitation remains unchanged,” said George. (more…)