Calif. court upholds same-sex marriage ban

SACRAMENTO, May 26 (UPI) -- A majority of the California Supreme Court Tuesday upheld a ban on same-sex marriage, but said 18,000 gay marriages before Proposition 8 are valid.

Prop 8 was heavily contested, but the ban was approved by 52 percent of state voters in November, and the state high court said any change in the law would again have to come from the "ballot box," not the courts. The vote on the state high court to uphold Prop 8 was 6-1; the same court, in the absence of Prop 8, declared same-sex marriage legal last year.

In the opinion, the majority said it concludes "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."

The decision that Prop 8 was not retroactive was unanimous.

In addition, the majority said that 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."

Before November's vote, California and Massachusetts were the only two states to allow same-sex marriage at the time.

After Tuesday's ruling, Gov. Arnold Schwarzenegger issued a statement asking opponents and proponents of same-sex marriage to respond "peacefully and lawfully."

"While I believe that one day either the people or courts will recognize gay marriage, as governor of California I will uphold the decision of the California Supreme Court," the statement said. "Regarding the 18,000 marriages that took place prior to Proposition 8's passage, the court made the right decision in keeping them intact. I also want to encourage all those responding to today's court decision to do so peacefully and lawfully."