Prop 8 Decision a Triumph
The California Supreme Court decision is a triumph for the rule of law and the will of California voters on Proposition 22 and Proposition 8. This should be an encouragement to the people of Iowa and Maine, as well as other states, to push back against the redefinition of marriage. The people of California defended marriage against great odds including an activist court, the gold and glitter of Hollywood, and the well-funded efforts of gay activists.
Less triumphant is the second-half of the Court’s decision which is likely to generate legal chaos for more than 18,000 same-sex couples and the laws of the 45 states that do not recognize same-sex unions as marriage. As these couples move to other states and live their lives, some will attempt to have children or adopt them, and some will break-up. The difficulties associated with these decisions will be heightened by the legal entanglements forced on state lawmakers as they use taxpayer dollars to resolve these situations with their state laws and policies on adoption, divorce and custody. The California Court could have avoided this simply by delaying the effect of their June 2008 ruling until after the November 2008 vote on Proposition 8.
For today, we celebrate that the Court finally upheld the constitutionally exercised will of the people and that Californians, along with the majority of Americans, still define marriage as civilizations have for thousands of years: a valued social institution with the best interests of children at its heart.