The California Supreme Court has upheld
the validity of Proposition 8, the state's controversial gay marriage
ban. But justices agreed to uphold the legality of 18,000 gay and
lesbian marriages performed during the “summer of love.”
Tuesday's split decision was widely
expected by supporters on both sides of the issue.
Proposition 8 placed a gay marriage ban
in the California Constitution, effectively overturning the high
court's 4 to 3 decision that legalized gay marriage nearly a year
ago.
Gay rights activists argued that the
measure was an illegal revision to the state constitution. They
claimed the measure fundamentally altered he document – by taking
away previously granted rights protected by the constitution – and
was not an amendment at all.
Activists
have said a split decision would not be acceptable and plan to
protest the decision.