SACRAMENTO, California: As expected, the California Supreme Court today upheld last year's Proposition 8, which prohibits same sex marriage in the state. The court also ruled that those couples married before the election can remain married, unaffected by the new law. The court voted 6-1 in support of Proposition 8 and unanimously voted to maintain existing marriages.
Supporters of same-sex marriage, expecting that California's highest court would uphold the state's ban, filed a lawsuit in federal court on May 22, arguing that federal courts should overturn Prop 8 because it violates a federal constitutional right for same-sex couples to marry. The lawsuit was filed by Ted Olson and David Boies. They are holding a news conference on May 27 to explain the details of their legal reasoning. Their lawsuit asks the United States District Court for the Northern District of California to throw out Prop 8. The litigants are also asking for an injunction against enforcement of Prop 8 while the court considers the case.