California Women's Law Center

Pursuing Justice for Women and Girls

CWLC > Gender Discrimination > Proposition 8 Decision

Proposition 8 Decision

Today’s decision by the California Supreme Court to uphold Proposition 8 and recognize the pre-existing legal marriages of gay and lesbian couples, while expected, was disappointing. For now, same-sex couples in California must settle for a lesser commitment and legal recognition than the 18,000 couples who quickly married while the ephemeral window of equality was open for a few months last year.

Marriage is not a mere designation, as the Court describes. It is a crucial institution in our society, one that should be available to all people, regardless of the accident of who they love. If a committed couple wants to secure their relationship by marrying, they should not be denied the opportunity to do so. Domestic partnership offers many protections for couples and families, but it does not provide the same security or meaning as marriage.

Same-sex couples and their families deserve the same full freedom and equality as others.   Through initiative or otherwise, energy now must be focused on reversing Proposition 8 and restoring the fundamental principle that all Californians have the freedom to marry.

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