California Supreme Court legalizes gay marriage
By LISA LEFF - Associated Press - 05/16/08
AP photo - Domestic partners Davis Osterkamp, left, and Larry Martinez kiss near a Castro District street car in San Francisco, Calif., Thursday while celebrating the California Supreme Court decision to overturn a ban on same-sex marriage.
Same-sex couples could tie the knot in as little as a month. But the window could close soon after — religious and social conservatives are pressing to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.
“Essentially, this boils down to love. We love each other. We now have equal rights under the law,” declared a jubilant Robin Tyler, a plaintiff in the case along with her partner. She added: “We’re going to get married. No Tupperware, please.”
A crowd of people raised their fists in triumph inside City Hall, and people wrapped themselves in the rainbow-colored gay-pride flag outside the courthouse. In the Castro, long the center of the gay community in San Francisco, Tim Oviatt wept as he watched the news on TV.
“I’ve been waiting for this all my life. This is a life-affirming moment,” he said.
By the afternoon, gay and lesbian couples had already started lining up at San Francisco City Hall to make appointments to get marriage licenses. In West Hollywood, supporters planned to serve “wedding cake” at an evening celebration. James Dobson — chairman of the conservative Christian group Focus on the Family, which has spent thousands of dollars to get the measure on the ballot — called the ruling an outrage.
“It will be up to the people of California to preserve traditional marriage by passing a constitutional amendment. ... Only then can they protect themselves from this latest example of judicial tyranny,” he said in an e-mailed statement.
In its 4-3 ruling, the Republican-dominated high court struck down state laws against same-sex marriage and said domestic partnerships that provide many of the rights and benefits of matrimony are not enough.
“In contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation,” Chief Justice Ronald George wrote for the majority in ringing language that delighted gay rights activists.
Massachusetts in 2004 became the first, and so far only, state to legalize gay marriage; more than 9,500 couples have taken advantage of the law. But the California ruling is considered monumental by virtue of the state’s size — 38 million out of a U.S. population of 302 million — and its historical role as the vanguard of many social and cultural changes that have swept the country since World War II.
California has an estimated 108,734 same-sex households, according to 2006 census figures.
“It’s about human dignity. It’s about human rights. It’s about time in California,” San Francisco Mayor Gavin Newsom, pumping his fist in the air, told a roaring crowd at City Hall. “As California goes, so goes the rest of the nation. It’s inevitable. This door’s wide open now. It’s going to happen, whether you like it or not.”
Unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays nationwide are likely to flock to the state to be wed, said Jennifer Pizer, an attorney who worked on the case.
The ultimate reach of the ruling could be limited, however, since most states do not recognize same-sex marriages performed elsewhere. Nor does the federal government.
The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage.
“We’re obviously very disappointed in the decision. The remedy is a constitutional amendment. The constitution defines marriage as a union between one man and one woman,” said Glen Lavy, senior counsel for the organization.
Opponents of gay marriage could also ask the high court to reconsider. If the court rejects such a request, same-sex couples could start getting married in 30 days, the time it typically takes for the justices’ opinions to become final.
Attorney General Jerry Brown, whose office had argued to uphold the ban, said Brown will work with Gov. Arnold Schwarzenegger and state agencies to implement the ruling.
The case was set in motion in 2004 when the mayor of San Francisco — the unofficial capital of gay America — threw City Hall open to gay couples to get married in a calculated challenge to California law. Four thousand wed before the Supreme Court put a halt to the practice after a month. Two dozen gay couples then sued, along with the city and gay rights organizations.
Thursday’s ruling could alter the dynamics of the presidential race, as well as state and congressional contests in California and beyond, by causing a backlash among conservatives and drawing them to the polls in large numbers.
A spokesman for Republican John McCain, who opposes gay marriage, said the Arizona senator “doesn’t believe judges should be making these decisions.” The campaigns of Democrats Barack Obama and Hillary Rodham Clinton said they believe that the issue of marriage should be left to the states.
Ten states now offer some form of legal recognition to same-sex couples — in most cases, domestic partnerships or civil unions. In the past few years, the courts in New York, New Jersey and Washington state have refused to allow gay marriage.
Outside the San Francisco courthouse, gay marriage supporters cried and cheered as news of the decision spread. Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, via cell phone and asked, “Pali, will you marry me?”
California already offers same-sex couples who register as domestic partners many of the legal rights and responsibilities afforded to married couples, including the right to divorce and to sue for child support.
Citing a 1948 California Supreme Court decision that overturned a ban on interracial marriages, the justices struck down the state’s 1977 one-man, one-woman marriage law, as well as a similar, voter-approved law that passed with 61 percent in 2000. The chief justice was joined by Justices Joyce Kennard and Kathryn Werdegar, all three of whom were appointed by Republican governors, and Justice Carlos Moreno, the only member of the court appointed by a Democrat.
In a dissent, Justice Marvin Baxter agreed with many arguments of the majority but said that the court overstepped its authority and that changes to marriage laws should be decided by the voters. Justices Ming Chin and Carol Corrigan also dissented.
California’s secretary of state is expected to rule by the end of June whether the sponsors gathered enough signatures to put the amendment on the ballot.
Schwarzenegger, a Republican who has twice vetoed legislation that would have granted marriage to same-sex couples, said in a statement that he respected the court’s decision and “will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”
Associated Press writers Terence Chea, Jason Dearen, Juliana Barbassa and Evelyn Nieves in San Francisco and Liz Sidoti in Washington contributed to this report.
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Reader Comments:
diazo wrote on May 30, 2008 1:06 PM:
If we could harness your powers of rationalization we could solve the energy crisis tomorrow. "
ukred wrote on May 30, 2008 3:49 AM:
purple wrote on May 29, 2008 9:00 AM:
I think you got it mixed up. Isn't it the liberal activist judges who circumvent the legislative process by legislating from the bench when the liberal legislature is unable to pass a pet bill.
The United States, as proclaimed by Benjamin Franklin, is a republic with a democratic form of government. Sadly democrats want to change that to a communist dictatorship with a tyranical form of government. "
diazo wrote on May 28, 2008 5:52 PM:
Adam Laceky wrote on May 28, 2008 2:07 PM:
If that law is at odds with the California constitution, then yes, it will likely be shot down.
Why do you people have such a hard time grasping the concept? Is it because you secretly despise things like "rules" and "logical consistency?"
If the people decide to serve human baby meat in public schools, maybe you'd reconsider your contempt for the constitution.
Really, for all the bloviating about how "America isn't a democracy, it's a republic," your ilk sure do have a hard time with the whole notion. "
purple wrote on May 28, 2008 11:18 AM:
Will the sanctamoneous liberal court in california overturn the VOTE OF THE PEOPLE to please the gay/lesbian community over the majority or will they follow the "majority rule"? "
Adam Laceky wrote on May 27, 2008 2:06 PM:
The California Supreme Court did not undo an election, as the conservative activist US Supreme Court did in 2000. They reviewed a state law and determined that it violated the state constitution.
It is now the job of the California legislature and people to amend the constitution, if they want the law so badly. "
diazo wrote on May 27, 2008 1:19 PM:
Those of you using the Bible to bludgeon the gays should remember that in Ezekiel 16:48-50 God explained that the sin of Sodom was that "She and her daughters were arrogant, overfed and unconcerned; they did not help the poor and needy. They were haughty and did detestable things before me." Sounds to me like they were destroyed for being Republican, not gay. "
capital_city wrote on May 26, 2008 1:03 PM:
Registered Voter: a person who meets the legal qualifications to vote and has completed a registration form.
Mob: 1) a disorderly crowd of people. 2) a loose affiliation of gangsters in charge of organized criminal activities.
How can you say that a majority of voters and a mob are analogous? I want voter majority rule. "
Adam Laceky wrote on May 26, 2008 10:44 AM:
I take it, then, that you think Al Gore, who won the popular vote in 2000, should have taken office instead of Bush.
You know what a liberal activist judge is? It's one who tells conservatives to obey the constitution.
As for that stuff about liberals appeasing Hitler--too dumb to even comment on. "
dkpeel wrote on May 24, 2008 9:47 PM:
purple wrote on May 24, 2008 4:39 PM:
The 9th circus court in San Francisco is an "independent judiciary" - yeah, right! If the majority vote for something and the courts overturn the WILL OF THE PEOPLE, why bother having elections since the liberal courts will rule against the vote and impose the liberal agenda.
God love the liberal mindset -- it's going to be done our way because any other way is WRONG.
The world saw that in the 1930s when the liberals appeased Hitler and how many died because of it. If the japanese hadn't attacked us on Dec 7th, the U.S. never would have joined the fight to end Hitler's dream of world domination.
The liberal mindset regarding pre-emptive strikes against those who wish us ill speaks volumes. Liberals want to wait until mushroom shaped clouds are growing over American cities and millions of Americans have died before they will take action.
"
Adam Laceky wrote on May 23, 2008 2:09 PM:
Judges are supposed to be independent of public sentiment and political pressure. You might want to read the constitution; you seem confused.
America's form of republican democracy protects minorities from the "tyranny of the majority." Ever heard that phrase before? Just because a majority of Californians adopted a law, that doesn't mean the law was constitutional. Deciding such matters is one of the functions of an independent judiciary. Without their protection, Congress and the people would be able to pass unconstitutional laws with impunity. Is that what you want? Mob rule? "
dakota_rt wrote on May 19, 2008 1:08 PM:
gun961960 wrote on May 19, 2008 8:02 AM:
purple wrote on May 16, 2008 7:22 PM:
Unlike the anti-christian/anti-god left I do remember what I learned in sunday school when I was young.
Sure homosexuals have been around forever as have politicians -- those are the TWO oldest lifestyles going and they both perform the same function.
The problem I have with homosexuals is their shoving their lifestyle down everyone's throat as if they are a special class of people who deserve special treatment and consideration.
"
capital_city wrote on May 16, 2008 2:41 PM:
gun961960 wrote on May 16, 2008 2:10 PM:
dakota_rt wrote on May 16, 2008 9:28 AM:
Do gays and lesbians affect your life! Yeah! I didn't think so! But you know you can always move to another nation! No matter how much you whine and complain, you won't leave! "
purple wrote on May 16, 2008 1:19 AM:
During biblical times the twin cities Soddom and Gamora were destroyed.
Can we now expect this nation's twin cities [Washington D.C. and San Francisco] to suffer the same fate?
Wouldn't that be something to bear witness to.
"
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ematt wrote on May 30, 2008 1:11 PM: