Breaking via CNN, the California Supreme Court upheld the results of Prop. 8, which banned same-sex marriages. However, the decision also ruled that the 18,000 same-sex marriages conducted in California last year remain valid.
UPDATE at 1:14 PM from the Los Angeles Times:
The California Supreme Court today upheld Proposition 8's ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.
The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.
Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.
In an opinion written by Chief Justice Ronald M. George, the state high court ruled today that the November initiative was not an illegal constitutional revision, as gay rights lawyers contended, nor unconstitutional because it took away an inalienable right, as Atty. Gen. Jerry Brown argued.
Only Justice Carlos R. Moreno, the court's sole Democrat, wanted Proposition 8 struck down as an illegal constitutional revision.
Justice Joyce L. Kennard, who voted with the majority last year to give gays marriage rights, joined George and the court's four other justices in voting to uphold Proposition 8.
The case for overturning the initiative was widely viewed as a long shot. Gay rights lawyers had no solid legal precedent on their side, and some of the court's earlier holdings on constitutional revisions mildly undercut their arguments.
But gay marriage advocates captured a wide array of support in the case, with civil rights groups, legal scholars and even some churches urging the court to overturn the measure. Supporters of the measure included many churches and religious organizations.
