On Tuesday the California Supreme Court upheld a voter approved ban on same sex marriage. However, they also decided that the estimated 18,000 same sex couples who married before the law took effect will stay wed.

The final decision of 6-1 was written by Chief Justice Ron George, which rejected arguements by gay rights activists that the ban revised the state constitution's equal protection clause to such a dramatic degree that it would first need Legislature's approval. The court determined, however, that the people have a right through voting to change their constitution.

The ruling said:

"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it."

Gay rights activists immediately vowed to resume their fight, and say that they will return to voters as early as next year in an attempt to repeal Proposition 8.

The estimated 18,000 same sex couples who married during the brief period of time that same-sex marriage was legal last year will at least be granted some relief. They will be permitted to stay married. But this was not enough to lessen anger over the ruling banning gay marriage.