It has been upheld. The 18,000 same sex marriages performed in California are still valid. For my part, I will leave the fine legal analysis to those trained in these matters (and link to them). Politically, this seems to me the perfect decision. It would have been dreadful if voters were retroactively told their valid vote was somehow null and void - it would have felt like a bait and switch and provoked a horrible backlash.
It would have been equally dreadful if those couples lawfully wed were subsequently forced into divorce by the court. And these married couples and their families and children will now become the focus of the debate in California, as they should be. They are the evidence that we are right: that extending the blessings and responsibilities of full family life to gay men and lesbians is a good and conservative and integrating thing. We need now to put these families forward as our core argument. Their lives are our best case. Like mixed-race married couples in another era, they will show that there is nothing to fear here and much to celebrate.
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