blackvault wrote:The question still stands, however, regardless of how Supreme Courts see the issue.
I'd love to know a VALID reason why it should NOT be allowed?
I'm sure if you searched it, you can probably read the 7 judges rulings on the matter, in which 4 found Prop 8 was unconstitutional, but 3 did not. I am sure they have sound legal reasons for their judgement. This is why we have courts with 5,7 or 9 judges to decide these difficult cases. In prior rulings of the California Supreme Court, they ruled on a landmark case involving same sex marriage discrimination, that 4-3 ruled because of the provisions of civil unions, and other discrimination laws, there was no discrimination involved. Again, the supreme courts legal rulings each time were only one vote, which is pretty clearly down the middle. Also the will of the voters was very slim, only 1 or 2% difference on the issue. Split pretty much down the middle, which has also been the pattern in other states I believe.