In essence they upheld Prop 8 while giving those gay people that have already married the right to stay in those marriages.
In other words, the courts are passing this back to the people.
I’m sort of miffed right now since what the courts have no done is to create three classes of people: those in heterosexual marriages, those in gay marriages and those who cannot marry because they are gay.
The are CLEAR constitutional issues in play on this one and we haven’t seen the end of this yet. There are already lawsuits in progress regarding this very issue.
Of course this could only play out in California. The whole direct initiative process dates back to the early to mid 19th Century and was an act designed to counter the power and abuses of the Southern Pacific Railroad. We’ve heard abut the subject of that last sentence before, the same company who in 1886 managed to slip in the notion that a corporation has the same rights and privileges as a flesh and blood human being.
So basically leave it up to corporate America to fuck things up beyond all recognition.