After months of anticipation, the California State high court is expected to rule on the controversial Proposition 8 this coming Tuesday, 26 May.
For those not familiar: Proposition 8 was a California ballot proposition passed in the November 4, 2008, general election. It changed the state Constitution to restrict the definition of marriage to opposite-sex couples and eliminated same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases.
In May 2008 the high court ruled in a 4-3 decision that marriage is a fundamental right and restricting marriage based on sexual orientation violates the constitutional rights of same sex couples. If Proposition 8 is upheld by the court it threatens to affect the 18,000 same sex marriages that occurred following this ruling and the passage of the ballot measure in the election this past November. It is speculated, though, that if the proposition is upheld by the court that they may rule in such a way that those marriages will be upheld and recognized by California State law.
Both those contesting and supporting Proposition 8 are preparing to mobilize activists to return this issue to the ballot in the 2010 and 2012 elections.
There was a rumor this past Thursday that the court had been prepared to rule on this matter and San Francisco Mayor Gavin Newsom asked the court to delay the ruling so that it did not coincide with the 30th anniversary of the White Night riots. The White Night riots were a series of violent events that occurred as a direct reaction to the lenient sentencing of former San Francisco Supervisor, Dan White, who was convicted of assassinating Mayor George Moscone and Supervisor Harvey Milk on 25 November, 1978.
The Mayor's office has issued a statement that this is untrue and Newsom did not ask the courts to delay the ruling. It has been further substantiated that the courts were not prepared or planning to announce their ruling this past Thursday.
Image via NYT