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The latest on Prop 8 from the LA Times:

The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.

….Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.

This doesn’t surprise me on either count.  The argument that Prop 8 was a constitutional “revision” requiring a two-thirds vote, not a constitutional amendment requiring a majority vote, never seemed legally defensible.  At the same time, all the marriages performed prior to Prop 8 were as legal as church on Sunday.  I don’t know if even an initiative could retroactively annul them, but at the very least it would need to do so specifically and directly, which Prop 8 didn’t.

But it might soon be moot anyway.  Prop 8 passed by only a bare majority, and public sentiment is continuing to change.  An initiative to legalize gay marriage might well pass in 2010, and if it doesn’t it certainly will by 2012 or 2014 at the latest.  Time is on the side of the good guys.

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THE TRUTH...

is the first thing despots go after. An unwavering commitment to it is probably what draws you to Mother Jones' journalism. And as we're seeing in the US and the world around, authoritarians seek to poison the discourse and the way we relate to each other because they can't stand people coming together around a shared sense of the truth—it's a huge threat to them.

Which is also a pretty great way to describe Mother Jones' mission: People coming together around the truth to hold power accountable.

And right now, we need to raise about $400,000 from our online readers over the next two months to hit our annual goal and make good on that mission. Read more about the information war we find ourselves in and how people-powered, independent reporting can and must rise to the challenge—and please support our team's truth-telling journalism with a donation if you can right now.

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