California Supreme Court Rejects Prop 8 Legal Challenge

California Supreme Court Rejects Prop 8 Legal Challenge

American LGBT groups have reacted with anger and disappointment to the decision of the California Supreme Court to throw out the challenge to Prop 8.

Proposition 8 was the referendum passed last year by a majority of California voters that overturned the earlier decision of the California Supreme Court in the California Marriage Case that validated same sex marriages.

In the latest case, the Supreme Court held that the 18,000 same sex marriages held between the earlier decision and Prop 8 passing were valid, which gay rights activists have labelled a hollow victory.

The court held 6 to 1 that invalidating these marriages would have the effect of “throwing property rights into disarray, destroying the legal interests and expectations of thousands of couples and their families, and potentially undermining the ability of citizens to plan their lives according to the law as it has been determined by this state’s highest court.”
The decision is no surprise. I was able to watch the oral arguments some months ago on the internet. What was apparent to me and other legal commentators at the time, was that from the comments of the judges, this result was the most likely- Prop 8 would be upheld but existing same sex marriages would be validated.
There was an angry demonstration in San Francisco following the decision, resulting in 150 arrests
It is likely that the obvious anger in the LGBT community in California about the decision will galvanise people to organise their own referendum to alter the California Constitution to legalise same sex marriage there.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

International Surrogacy Insights: Join Me at the Growing Families Conference

International surrogacy can open extraordinary possibilities for intended parents, but it also comes with legal complexity that should never be underestimated. The rules are different from country to country, sometimes from state to state within the same country, and what looks straightforward at the beginning can become very complicated once parentage, citizenship, travel and documentation… Read More »International Surrogacy Insights: Join Me at the Growing Families Conference

30 Years a Specialist & 21 Years Together: The Page Provan Story

Some anniversaries arrive with fanfare. Others sneak up quietly and then suddenly feel enormous. At the end of June and the beginning of July 2026, two milestones sit side by side. One marks 30 years as an accredited family law specialist. The other marks 21 years working alongside Bruce Provan. Together, they say something important… Read More »30 Years a Specialist & 21 Years Together: The Page Provan Story

Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Pride Month means different things to different people. For some, it is celebration. For others, it is remembrance, protest, relief, or the simple comfort of being seen. For LGBTQIA+ parents in Australia, Pride can also carry a very specific weight. It can be about family, legal recognition, and the fight to ensure children are protected… Read More »Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board