The California Supreme Court ’s decision on Proposition 8 is out. As expected by most court observers, the court upheld the measure and ruled that it does not invalidate already performed same-sex marriages.

In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the “inalienable rights” theory proffered by the Attorney General. We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid.

Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional rule embodied in that measure, it must “find its expression at the ballot box.”

In other words, the same Court that tried to find a new right to same-sex marriage in the state’s consitituion last year could do so much to redefine marriage and now invites a rematch at the ballot box until the desired result is reached.

Regarding the surviving same-sex marriages: I don’t what could have been an equitable decision. I feel for the couples in that situation and don’t blame them for availing themselves of the law as it was created by the courts last year. But their tenuous and vulnerable situation was the result of a court that refused to stay its own decision, knowing full well that the issue was going to be decided at the ballot box later that year.

The Court created the dilemma of what to do with the already preformed 18,000 same-sex marriages at the time Prop 8 was passed. The Court was not going to admit its mistake by voiding those ceremonies. Plus, as California is surely going to face another proposition to recognize SSM, those 18,000 couples will serve as a great campaign tool for the upcoming campaigns.

UPDATE: The Church offers a response:

The Church of Jesus Christ of Latter-day Saints recognizes the deeply held feelings on both sides, but strongly affirms its belief that marriage should be between a man and a woman. The bedrock institution of marriage between a man and a woman has profound implications for our society. These implications range from what our children are taught in schools to individual and collective freedom of religious expression and practice.

Accordingly, the Church stands firmly for what it believes is right for the health and well-being of society as a whole. In doing so, it once again affirms that all of us are children of God, and all deserve to be treated with respect. The Church believes that serious discussion of these issues is not helped when extreme elements on both sides of the debate demonize the other.