BYU NewsNet - California Supreme Court upholds Prop. 8

The California Supreme Court upheld a ban on same-sex marriage on Tuesday, ratifying a decision made by the state's electorate during the November election.

The court voted 6-1 in favor of upholding Proposition 8 as a lawful amendment to the state's constitution. The decision finalizes the banning of same-sex marriage in California, but states recognition must be afforded to same-sex couples that obtained marriage licenses when the practice was legal.

Many BYU students campaigned for the passage of Proposition 8 last fall, following an official endorsement of the ballot initiative by The Church of Jesus Christ of Latter-day Saints. These proponents say they are pleased with the court's decision.

Jess Jones, a junior from Kearns, and incoming vice-chairman of the BYU College Republicans, said he thinks the justices upheld the democratic process.

"I don't think the court should be allowed to legislate from the bench," he said. "The people spoke in the democratic process and it wouldn't have been the justice's responsibility to overturn that."

Jones said he does not fault the court for allowing previously married same-sex couples to maintain legal recognition, but feels it is time to move on.

"I think it's fine," he said. "If we could do that, then we would go back and convict people for past crimes. You can't go back and erase what was done in the past. We have to start now and move forward."

Kellianne Coltrin, a sophomore from Orlando, Fla., said she agrees the court's decision supports democracy.

"I believe that the court made the right decision in upholding the ban," she said. "Even without my moral beliefs, which support traditional marriage, the most important aspect of the decision was the respect the court gave to California voters. If [Californians] voted to approve same-sex marriage and the court refused to uphold it, I would be opposed to that too."

Yet Coltrin said she believes deciding the same-sex marriage issue state by state is the wrong way to go. She favors a blanket decision to be applied across the nation.

"Personally I think this patchwork system, being applied to such a fundamental question as marriage, is a mistake," she said. "It creates a lack of unity between the states. The family is the building block of our society, and it needs to have a uniform identity or the society becomes fractured."

Gay rights proponents do not see the ban as a victory for the democratic process, but as a blow to civil rights.

George Jaramillo, a former BYU student who is now openly gay, said he feels the decision is discriminatory.

"I think the court made the wrong decision in upholding [Proposition 8], because upholding a discriminatory law solely because it is supported by a majority of the people makes no sense," he said. "When the majority of Americans thought it was okay to treat blacks as second-class citizens, did that make it right?"

However, Jaramillo, an Orange County, Calif., native who now lives in Salt Lake City, said he thinks same-sex marriage proponents must continue to push for equality by civil means.

"I think it's important to be civil but to let people know where you stand," he said. "It should really be every individual's goal to be a good example of the change that they want to see. Attacks and arguments don't solve anything."

California became the second state to legalize same-sex marriage following a state Supreme Court decision in mid-2008. In November, voters passed Proposition 8, which amended the state's constitution to define marriage as solely between a man and a woman, 52 percent to 48 percent.