The decision, the court said, “carves out a limited exception to these constitutional rights by reserving the official designation of the term ‘marriage’ for the union of opposite-sex couples, but leaves undisturbed all of the other aspects of a same-sex couple’s constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws.”
San Fransisco Business Times
The suit that is being brought to federal court is based on a claim of violating gay citizens rights of due process and equal protection. The due process claim is utter nonsense, since a voter ballot is much more respective of due process than a legislative action or court decision. So, the focus is going to be on equal protection under the laws. As noted above, this court decision only allows for a ban on marriage, not on any other recognition under the law, such as civil unions. Therefore, homosexual relationships in California will be protected under the law. As such, there is not equal protection violation. Gay rights activists may not like it, but this was a legal amendment voted on by Californians. This does not mean that the ban will not be overturned, but any such ruling will be based purely on politics, not the law.
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