In a setback for the marriage equality battle in California, this afternoon the state Supreme Court refused to remove Proposition 8 from the November ballot.
The state Supreme Court refused today to remove a proposed ban on same-sex marriage from the November ballot. The initiative, Proposition 8, is a state constitutional amendment that would overturn the court’s May 15 ruling allowing gay and lesbian couples to marry in California.
Gay-rights advocates sued June 19 to block a vote on Prop. 8, arguing that the measure would destroy fundamental rights that can’t legally be abolished by an initiative. Noting that the Supreme Court’s ruling relied on the constitutional rights of privacy and equal protection, they argued that a repeal would amount to a revision of the Constitution – something that requires approval of two-thirds of the state Legislature before going to the voters.
Sponsors of Prop. 8 replied in court papers that their opponents were trying to deprive Californians of their right to change their own Constitution. The court dismissed the case today in a unanimous order, without comment.
It seemed like a long shot, but still it’s a disappointment.