Apparently when 52% of a minority of the electorate who bother to turn out at a poll say so.
The same California court that just last May ruled that same sex marriage was a "fundamental right" clawed that back today holding that the slimmest majority on the Proposition 8 in a November referendum to ban same sex marriage trumped fundamental rights, the California consitution and even the American Bill of Rights.
So pathetically ridiculous was California's top court that it found that, while gays were no longer equal to straights on marriage rights, the 36,000 gays and lesbians who tied the knot before Prop 8 are still equal. Their marriages still stand to mock the Court for ever.
Makes you wonder what other fundamental rights in California are up for grabs at the whim of a minority of crank voters?