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.
SAN FRANCISCO — California’s Supreme Court declared that gay couples in the nation’s biggest state can marry — a monumental but perhaps short-lived victory for the gay rights movement Thursday that was greeted with tears, hugs, kisses and at least one instant proposal of matrimony.

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:

ematt wrote on May 30, 2008 1:11 PM:

" purple - It seem as though diazo has only one remark left for you: "Check Mate" "

diazo wrote on May 30, 2008 1:06 PM:

" Purple, your "communist dictatorship" comment is too ridiculous to merit a response. And you didn't answer my question: if California's voters vote down the "CONSTITUTIONAL AMENDMENT" to ban gay marriage, does that mean you will support the will of the voters to keep gay marriage legal in that state? Or is your "not a democracy, it's a republic" comment an indication you would deny the will of the voters via right wing judicial activism? Which, according to you is not activism when a right winger does it.

If we could harness your powers of rationalization we could solve the energy crisis tomorrow. "

ukred wrote on May 30, 2008 3:49 AM:

" I have read all of the comments that have been provided and I must say that I think that a lot of people are worried about the wrong thing. One thing that I think is important that nobody is hitting on is... its California what real effect does it have on us? When the time comes for MT to vote on this subject (something I dont see happing for a long time) then all of you with strong views have a forum to discuss how you feel. And so what if the law does get passed throughout the land does it really affect you as a person? Before I continue I would like to say that I am not a "supporter" by any means, nor am a "religious". I do believe it is wrong and immoral. But I will not be setting up a picket line. Living in Helena for most of my life I was not confronted with much homosexuality but it was there. It has not made a huge impact in my life. I just dont pay attention to it. I think that all people need to learn to turn the other cheek. And when that time comes for you to be judged by the higher power if thats what you believe then you can plea your case at that time. I think that in the times we are in you know the war where our sons daughters friends etc. are dying oh and how about the economy? That is what we as a nation needs to focus on. All of you "porch swing lawyers" could spend some of the high intelligence on helping us get through that. Thank you for taking the time to read my thoughts and please do not think that I am taking a stab at any one person, I just see a lot of effort being put into something that is not really our problem. "

purple wrote on May 29, 2008 9:00 AM:

" The bill will be a CONSTITUTIONAL AMENDMENT to the california constitution calling for a ban on same sex marriage.

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:

" Purple, did you happen to see the AP story today reporting that a new poll shows a majority of California voters now support gay marriage? If they do indeed vote against your gay marriage ban, will you then proudly support gay marriage as the unassailable product of "majority rule"? Or will you demand that the rightwing activist judges of the U.S. Supreme Court act immediately to "overturn the VOTE OF THE PEOPLE" and enforce your personal definition of marriage? What a dilemma for you. "

Adam Laceky wrote on May 28, 2008 2:07 PM:

" purple--

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:

" And when a majority of voters in california, this november, pass a bill declaring marriage between a man and a women to be the law of the land, what then?

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:

" I guess my last message got lost in the Internet's tubes. I said that I was using "mob rule" to refer to the majority ignoring the constitution to erode the rights of the minority. It's possible for the legislature to pass unconstitutiuonal laws, and the responsibility of the judicial branch to say so. If we throw out the oversight of the judiciary, we effectively have "mob rule" and the constitution becomes meaningless.

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:

" Adam is right - democracy means more than just 2 wolves and a sheep voting on what to have for dinner. It's easy to vote to take other people's rights away when you are in the majority, eh, capital_city?

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:

" Adam--

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:

" purple--

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:

" there are lots of legal ways to form a partnership with out marriage. "Gay marriage" just seems wrong to me. Although I do believe they have a right to be together, I don't need to know anyone's sexual preference and I certainly don't want it shoved in my face. "

purple wrote on May 24, 2008 4:39 PM:

" "adam" - so if the majority of Americans vote for Obama or Clinton doesn't mean that either of them holding office is right?

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:

" capital_city--

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:

" Wow! Maybe "purple," you need a little faith in your life, I think that's your problem! If your so pro-military and pro-american, doesn't saying God in the "Pledge of Allegiance," piss you off? "

gun961960 wrote on May 19, 2008 8:02 AM:

" The homosexuals are shoving their lifestyle down your throat...uhhh...aren't the far right heterosexuals the ones doing the shoving...i.e. actually going out to vote against homosexuality. They are the ones enduring severe discrimination. All you haters out there act like there is any sanctity left in heterosexual "marriage"....isn't the divorce rate like 60% or more? My goodness...let the homosexuals have a crack at it..maybe they can get it right? If you are from MT I really don't know how you can say their lifestyle is being shoved down your throat....who's the drama QUEEN? "

purple wrote on May 16, 2008 7:22 PM:

" Me a bible thumper, not hardly. I haven't seen the inside of a church in decades.

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:

" Over 60% of California voters voted AGAINST this redefinition of marriage. But 4 hard-headed judges think they knew what was the best for the majority. Therein lies the problem; the few in power think they are the majority. Last time I checked, in a democracy, the majority always wins. California has already doomed itself with sanctuary cites, tree hugging hippies, and a medicaid deficit due to illegals. Let them hang themselves. "

gun961960 wrote on May 16, 2008 2:10 PM:

" OK...its official...Purple is a bible thumping, ignorant, REPUBLICAN...LOL!! You really need to get over yourself sir/mam....Homosexuals have been around since...well forever and you are just going to have to get your head out of your....and get used to it. "

dakota_rt wrote on May 16, 2008 9:28 AM:

" purple -
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:

" This nation is going to hell in a handbasket.

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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