The California State Supreme Court has ruled in favor of Prop 8 which banned same sex marriages in the “golden state.”

But it did something truly weird when it also ruled that the 18 thousand or so same sex marriages already on the books could stand!

In other words, the court created two classes of citizens—gay couples who are viewed as being legally married in California, and gay couples who want to be but now cannot!

On the state level, about the only thing that can be done now is for those opposed to Prop 8 to get another proposition on the ballot to overturn Prop 8.

There is also another way.

Federal Court Intervention?

Two well known, high powered East-coast lawyers have filed suit in Federal court seeking to overturn the effects of Prop 8 on the grounds that it violates the equal protection clause of the U.S. Constitution. They are seeking a federal injunction against Prop 8 until such time that the federal court decides the issue.  The hope of the lawyers involved is to lay this case at the doorstep of the U.S. Supreme Court…but that could take years…certainly many, many months.

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