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California backs gay marriage ban California backs gay marriage ban
(20 minutes later)
California's Supreme Court has upheld a ban on same-sex marriage - the latest twist in a long-running saga.California's Supreme Court has upheld a ban on same-sex marriage - the latest twist in a long-running saga.
The judges rejected a challenge from gay-rights activists to overturn the result of a 2008 referendum which restricted marriage to heterosexuals.The judges rejected a challenge from gay-rights activists to overturn the result of a 2008 referendum which restricted marriage to heterosexuals.
Prior to the vote, same-sex marriages were legal for six months, during which 18,000 couples were married.Prior to the vote, same-sex marriages were legal for six months, during which 18,000 couples were married.
The judges ruled that those couples could still be regarded as being legally married. The judges said their ruling was not retroactive - meaning those couples will remain legally married.
Last November voters backed Proposition 8 - a proposal restricting marriage to heterosexual couple. Gay-rights activists stood outside the San Francisco court shouting "shame on you" after the decision was made public.
But activists lodged a challenge to it, arguing the measure violated the civil rights of gay couples. Tuesday's legal showdown was sparked by a 4 November vote in which Californians backed Proposition 8 - the proposal to restrict marriage to heterosexual couples - by 52.3% to 47.7%.
PROPOSITION 8 Only marriage between a man and a woman is valid or recognised in CaliforniaPROPOSITION 8 Only marriage between a man and a woman is valid or recognised in California
The campaign over November's vote cost more than $80m (£51m) - the most expensive ballot measure on a social issue in US history.The campaign over November's vote cost more than $80m (£51m) - the most expensive ballot measure on a social issue in US history.
Opponents of the ban - which was passed by Californian voters on 4 November, by 52.3% to 47.7% - argue that the rights of a minority should be constitutionally protected and not liable to be voted away by a simply majority. But activists challenged the ruling, saying the measure violated the civil rights of gay couples.
CALIFORNIA GAY MARRIAGE TIMELINE 2004: San Francisco Mayor Gavin Newsom instructs clerks to begin issuing marriage licenses to same-sex couples - a move annulled by Supreme Court months laterMay 2008: California Supreme Court votes 4-3 to legalise same-sex marriage; introduced in JuneNovember 2008: Californian voters narrowly approve Proposition 8, backed by religious/conservative activists, limiting marriage to heterosexual couples. Rights activists swiftly challenge legality of referendumMarch 2009: Civil rights lawyers argue before Supreme Court that referendum is anti-constitutionalMay 2009: Californian Supreme Court to rule on whether Proposition 8 is constitutional - and whether to outlaw an estimated 18,000 existing gay marriages They argued that the ballot measure revised the state constitution's equal-protection clause so dramatically that it should have had legislature approval before being put to voters.
National 'tug of war'
"Proposition 8 changes the basic nature of our government from one in which the majority protects the rights of minorities," said Shannon Minter, lead counsel for those seeking to overturn the measure."Proposition 8 changes the basic nature of our government from one in which the majority protects the rights of minorities," said Shannon Minter, lead counsel for those seeking to overturn the measure.
"It takes away the right to be treated with equal dignity and respect. A simple majority cannot be allowed to take any rights away from a historically protected minority," she said, quoted by AFP news agency. CALIFORNIA GAY MARRIAGE 2004 San Francisco begins issuing marriage licences to same-sex couples - a move annulled by Supreme Court months laterMay 2008 Supreme Court votes 4-3 to legalise same-sex marriage; introduced in JuneNovember 2008 Voters approve Proposition 8 limiting marriage to heterosexual couplesMarch 2009 Civil-rights lawyers argue before Supreme Court that referendum is anti-constitutionalMay 2009 Supreme Court rules Proposition 8 is constitutional
"It takes away the right to be treated with equal dignity and respect. A simple majority cannot be allowed to take any rights away from a historically protected minority," AFP news agency quoted her as saying.
But before giving their ruling, some judges indicated they would be extremely reluctant to overrule the will of the people as expressed in the vote.But before giving their ruling, some judges indicated they would be extremely reluctant to overrule the will of the people as expressed in the vote.
The court should not "willy-nilly disregard the will of the people to change the state constitution as they have in the past", said Judge Joyce Kennard, according to AFP.The court should not "willy-nilly disregard the will of the people to change the state constitution as they have in the past", said Judge Joyce Kennard, according to AFP.
Same-sex marriage is currently legal in five states - Massachusetts, the first state to legalise it in 2004, Connecticut, Maine, Vermont and Iowa - but is subject to the continuing national tug of war over the issue.Same-sex marriage is currently legal in five states - Massachusetts, the first state to legalise it in 2004, Connecticut, Maine, Vermont and Iowa - but is subject to the continuing national tug of war over the issue.
Opponents who were expecting the decision in California to go their way indicated they might set their sights on seeing same-sex marriage overturned in Iowa.Opponents who were expecting the decision in California to go their way indicated they might set their sights on seeing same-sex marriage overturned in Iowa.
DIVISIVE ISSUE Same-sex marriage is legal in Massachusetts, Connecticut, Maine, Vermont and IowaIllegal in all other statesDIVISIVE ISSUE Same-sex marriage is legal in Massachusetts, Connecticut, Maine, Vermont and IowaIllegal in all other states
But supporters of same-sex marriage are likely to try to force another referendum in California.But supporters of same-sex marriage are likely to try to force another referendum in California.
Like several other states, California allows same-sex couples to enter "domestic partnerships", which afford many of the same rights as marriage.Like several other states, California allows same-sex couples to enter "domestic partnerships", which afford many of the same rights as marriage.
But activists say such partnerships are not equivalent to marriage.But activists say such partnerships are not equivalent to marriage.