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Winning Position: Yes
The California Supreme Court issued a ruling today in Strauss v. Horton upholding the constitutionality of Proposition 8 today. Proposition 8 was passed last November to ammend the constitution to define marriage as a legal union between a man and a woman, effectively banning same-sex marriage that the Supreme Court of California had already established as a right. According to the ruling in Strauss v. Horton
"A majority of this court concluded in the Marriage Cases that same-sex couples, as well as opposite-sex couples, enjoy the protection of the constitutional right to marry embodied in the privacy and due process provisions of the California Constitution, and that by granting access to the designation of “marriage” to opposite-sex couples and denying such access to same-sex couples, the existing California marriage statutes impinged upon the privacy and due process rights of same-sex couples and violated those couples’ right to the equal protection of the laws guaranteed by the California Constitution."
Essentially what they are saying is that they already established that same-sex couples had the right to marry under the constitution. The rest of the ruling goes on to say that Proposition 8 is legal because the people have a right to ammend the constitution. This establishes the precident that any right under the constitution can be taken away by a simpe majority of voters. This includes but is not limited to voting rights of any group, free speech rights of any group, freedom of religion rights of any group et cetera. Please do not let your opinion of same-sex marriage influence your position on this debate, it is irelevant. According to the California Supreme Court it was a right, and it was also able to be taken away by a majority. Does that logic frighten you?
California Supreme Court Ruling in Strauss v. Horton