Proposition 8 — Will same-sex marriage be banned in California?

Earlier on this blog, I discussed the case of In re Marriage Cases decided May 15, 2008 in which the California Supreme Court held in a 4-3 opinion that two state laws that had limited marriages to opposite-sex partners are unconstitutional and held that single-sex couples have a constitutional right to marry. The court explained that it could not “find that retention of the traditional definition of marriage constitutes a compelling state interest.”

The citizens of California will have the opportunity to overturn this decision in November by passing Proposition 8 which would amend California’s constitution to limit marriage to individuals of opposite gender.

Equity California had challenged the inclusion of Proposition 8 on the ballot arguing that the signature petitions were misleading.  However, on July 16, 2008, the California Supreme Court has refused to hear the challenge and thus Proposition 8 will remain on the ballot.

See Lisa Leff,  Calif. court rejects gay-marriage-initiative case, AP, June 17, 2008.