Gay Marriage Ban Supported by California's Supreme Court

The Supreme Court of California supported the gay marriage ban in the state, but informed that the 18,000 same sex marriage that occurred prior to the ban will still be considered as valid. This was based on the conditions that gay rights supporters have fought for. The activists said that they will get back to those who have voted for the same sex marriage ban as they will bid in repealing the ban.

Civil lawyers have debated about the ban on same sex marriage that was passed on last November elections. This is because passing such a ban has violated the constitution of the state and the minority rights should not be easily influenced by the vote of the majority. This debate occurred last March, which is a month prior to the decision of the Supreme Court of California.

One year ago, the California Supreme Court has legalized same sex marriage which resulted to eighteen thousand same sex marriages. However, six months later, Californians begun to question these marriages and voted that the state constitution be modified and that marriage should be defined as the union between a man and a woman.

There have been divided views to this issue, as those who are against the same sex marriage were satisfied with the decision of the Supreme Court while those who support same sex marriage felt that right were deprived. Same sex marriage supporters claimed that the banning of same sex marriage takes away the rights of these people to be treated with equal respect and dignity.

Despite this chaos, the Supreme Court of California have informed the people that this amendment is not retroactive, which means that those who got married when in the time when same sex marriage was still legal in California will still be considered valid. Not unless, voters who have voted for the amendment intended it to be a retroactive one; however, it is not the case with Proposition 8. In addition, the court said that it would be too much to make Proposition 8 retroactive and invalidate the same sex marriages that occurred. Doing so will not only bring too much commotion but also mistrust to the state's law by the people.

Advocates of gay rights blamed the Supreme Court for not protect the rights of the minority group from the votes of the majority. The decision of the Supreme Court of California has caused a lot of activist to protest in front of the San Francisco courthouse carrying rainbow flags and signs. This decision of the Supreme Court is truly something that should be pondered upon not only by the affected parties but also by the entire population of the state of California as it involves right to equality.
Source: http://news.yahoo.com/s/ap/20090526/ap_on_re_us/us_gay_marriage