May

26

“In summary, we conclude that Proposition 8…”

Filed Under California 

Simply unacceptable.

VII

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.� (In re Marriage Cases, supra, 43 Cal.4th 757, 884 (conc. & dis. opn. of Corrigan, J.); see also id. at pp. 861, 878 (conc. & dis. opn. of Baxter, J.).)

In each of the three cases before us, the request for a peremptory writ of mandate is denied. Each party shall bear its own costs.

http://www.courtinfo.ca.gov/opinions/ to download and read 184-page opinion.

Comments

Leave a Reply