California Supreme Court Overturns Gay Marriage Ban | News

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May 16, 2008

California Supreme Court Overturns Gay Marriage Ban

This morning the California state supreme court issued its decision on the same-sex marriage case, and the majority held that laws excluding gay and lesbian couples from the right to marry are unconstitutional. The decision paves the way for California to become the second state in which gay and lesbian residents can marry.

The case involved a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman.

''This is a landmark and historic day," said Kate Kendell, executive director of the National Center for Lesbian Rights. "We are grateful that the court upheld the most precious and cherished values of fairness, opportunity, and, most basically, the fundamental right to marry the person you love.''

California already offers domestic partnerships that offer virtually the same state-level legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine California's current laws banning gay marriage in the state constitution. It's unclear what impact today's decision will have on that initiative. The secretary of state is expected to rule by the end of June whether the sponsors gathered enough signatures to qualify the marriage amendment, similar to ones enacted in 26 other states.

The cases before the California court were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California, and another gay rights group in March 2004 after the court halted San Francisco's month-long same-sex wedding march that took place at Mayor Gavin Newsom's direction. (AP, with additional reporting by The Advocate)

Keywords: California marriage marriage

Reader Comments

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Name: Jonathan Lowe
Date posted: 2008-05-15 8:44 PM
Hometown: Loma Linda, CA

Comment:

I agree that this is a wonderful day in California history, but I have mixed feelings on the topic. I was born and raised in Cali, but go to school in DC at a very gay-friendly university, and have seen and come in contact with my fair share of both homo and heterosexual couples. As a legal scholar, I agree with those who say that we shouldn't be taking the marriage issue to the court system. When the courts make a decision, people have to follow it or get busted by the marshals. What we need is a push for acceptance by the community, the same community that votes in our elections and on our legislation. If we can get people to vote for us, then we will see more acceptance in the community, and that is what we need. Forcing decisions through the courts only creates ill will towards members of the gay community, and in this critical time of pushing for more social acceptance, the last thing we need is more bad feelings.

Name: Gordon Posner
Date posted: 2008-05-15 6:47 PM
Hometown: Tolleson, Arizona

Comment:

Although predictions are dangerous, I‘ll attempt one. Instead of being a great victory, this decision will prove to be valueless, at best, and at worst counterproductive. Just like the disastrous Massachusettes' decision, it will spawn further "marriage protection" amendments throughout the U.S. - setting the cause back for decades. Furthermore, as in 2004, it may help elect an arch-conservative President, beholden to the most reactionary forces in this country. What profit in gaining California and losing the entire nation? I’m especially angry because here in Arizona we face a second attempt to pass a "marriage protection" amendment. California has practically guaranteed it will succeed. So, thanks for nothing! Open your eyes! There's a difference between being an idealist, and being deaf, dumb, and blind! Make no mistake, history will prove pursuing this issue in the courts is folly, which set back the cause for a generation, if not longer.

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