The ban on same-sex marriage in California will continue, at least for now, after the California Supreme Court ruled on May 26, 2009 that Proposition 8 validly amended the state constitution to define marriage as a union between a man and a woman. Proposition 8 was approved by voters by a margin of 52%-48% on November 4, 2008. The Court’s decision was based on a determination of whether Proposition 8 was an “amendment” or a “revision” to the state constitution. Revisions to the state constitution require approval by at least two-thirds of both houses of the state legislature before going to voters, unlike amendments which can proceed directly to voters without prior legislative approval.
