California Court Overturns Gay Marriage Ban

[Erstwhile]

from http://www.alternet.org/story/85544/

California Gay Marriage Ban Overturned

Huffington Post. Posted May 16, 2008.

The California Supreme Court has ruled that same-sex couples have the right to marry; Schwarzenegger vows to uphold the ruling.

"In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the nation's biggest state to tie the knot," AP reports.

Domestic partnerships are not a good enough substitute for marriage, the justices ruled 4-3 in striking down the ban.

Outside the courthouse, gay marriage supporters cried and cheered as the news spread.

Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, and asked, "Pali, will you marry me?"

"This is a very historic day. This is just such freedom for us," Rizzo said. "This is a message that says all of us are entitled to human dignity."

In the Castro, historically a center of the gay community in San Francisco, Tim Oviatt started crying while watching the news on TV.

"I've been waiting for this all my life," he said. "This is a life-affirming moment."

The Background

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted the monthlong wedding march that took place when Mayor Gavin Newsom opened the doors of City Hall to same-sex marriages.

"Today the California Supreme Court took a giant leap to ensure that everybody -- not just in the state of California, but throughout the country -- will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.

Challenge For Gay Rights Advocates Not Over

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution.

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.

If voters pass the measure in November, it would trump the court's decision.

The Ruling

A key highlight from the California court's decision:

"Furthermore, 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, and, more generally, that an individual's sexual orientation -- like a person's race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights.

"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

Schwarzenegger Vows To Uphold Ruling

Gov. Arnold Schwarzenegger (R-CA) issued a brief statement shortly after the court announced its decision Thursday. The governor said, "I respect the court's decision and as governor, I will uphold its ruling."

He also reiterated his previously stated opposition to an anti-gay marriage initiative proposed for the November ballot. That initiative would write a ban on same-sex unions into California's constitution.

Last month, Schwarzenegger told a gathering of gay Republicans that he would fight the initiative.

Pelosi Hails Decision:

A statement from Speaker Nancy Pelosi, who represents San Francisco:

I welcome the California Supreme Court's historic decision. I have long fought against discrimination and believe that the State Constitution provides for equal treatment for all of California's citizens and families, which today's decision recognizes.

I commend the plaintiffs from San Francisco for their courage and commitment. I encourage California citizens to respect the Court's decision, and I continue to strongly oppose any ballot measure that would write discrimination into the State Constitution.

Today is a significant milestone for which all Californians can take pride.

Wonder how this will play in a major election year.

[djtoast]

I wonder if it need have that much impact? Presumably while it won't be popular in all quarters, politicians can just sidestep it by saying it was the judiciary who decided it?

Actually I guess I'm talking bollocks, given the way the right to abortion plays so strongly in politics there...

Well it's good news to see some liberal feelings shining through, we get used to hearing about the right wing folks' antics over here almost like there's nothing standing in their way sometimes.

[Erstwhile]

Basically, the right wing over here has already started to push McCain, the presidential candidate from Bush's party, in the direction of values/culture oriented issues (e.g., abortion, gay marriage, guns, etc) but I don't see how they can win with that agenda this year. Too many people are hurting from the crappy economy and blame Bush and his party (the Republicans). Nevertheless, the right wing is relentless but I don't think they will get far this year on a warmongering, hate agenda that they have in years past. I'm almost certain McCain will use the California decision to claim that he will not nominate activist judges to the Supreme Court (i.e., he will nominate anti-gay, anti-civil rights, pro-business judges). I'm also certain that the California decision will also come up in debates between McCain and Obama (from the Democratic Party) and Obama will have to state his position. As far as I know, Obama does not support gay marriage but also does not think that we need to enshrine homophobia into our constitution. I believe he supports civil unions--and from my standpoint that is not enough--but between him and McCain, Obama is friendlier to the LGBT community.

[Posh]

Like Toast said, it's always such a shock to hear of good news in US politics.

[crazydiamond85]

*yawn*

[djtoast]

politics goes a bit over your head then?

[crazydiamond85]

Originally Posted by djtoast

politics goes a bit over your head then?

nope, just don't give two shits about what the yanks get up to

[sjonit]

marriage is a religious thing is it not?

prob 99% of religions hates gays.

hmmm nice ruling then

if a guy and aguy wnats to be ogether, or a girl and a girl, cool thats up to them, but prob better to have it under a diff name like it is already, civil partnership or something, with the same rules that apply to straight married couples.

[crazydiamond85]

Originally Posted by sjonit

marriage is a religious thing is it not?

prob 99% of religions hates gays.

hmmm nice ruling then

if a guy and aguy wnats to be ogether, or a girl and a girl, cool thats up to them, but prob better to have it under a diff name like it is already, civil partnership or something, with the same rules that apply to straight married couples.

good idea if you ask me

[James]

I think gay marriage should be legal all over the world. Its unfair that we have to be punished because of how we feel.

If you want to blame people, I would blame the STRAIGHT people that produced us

[Rhöna of the Rhein]

Originally Posted by sjonit

marriage is a religious thing is it not?

prob 99% of religions hates gays.

hmmm nice ruling then

if a guy and aguy wnats to be ogether, or a girl and a girl, cool thats up to them, but prob better to have it under a diff name like it is already, civil partnership or something, with the same rules that apply to straight married couples.

probably had something to do with it, but i think it was more due to the legal definition of marriage ('the union of one man and one woman for life to the exclusion of all others'). Don't think the legislature really wanted to rework that definition.

Great decision though.

[Dario]

Originally Posted by crazydiamond85

nope, just don't give two shits about what the yanks get up to

Surprise surprise, another tolerant, sensible and compassionate view from crazydiamond85.

[Syxx]

Originally Posted by Dario

Surprise surprise, another tolerant, sensible and compassionate view from crazydiamond85.

[crazydiamond85]

Originally Posted by Syxx

what a gr8 halloween night that was

Originally Posted by Dario

Surprise surprise, another tolerant, sensible and compassionate view from crazydiamond85.

and how is you know me well enough to judge me?
how about you shut the fuck up

[djtoast]

Originally Posted by crazydiamond85

and how is you know me well enough to judge me?

perhaps this will help you understand why people on AltNation might think you're less than tollerant:

Originally Posted by crazydiamond85

and thats why all morton fans will always be filthy junkie inbred bastards to me

?

people can only judge you (on here) by what you post; perhaps you're really a sweet, charming guy who helps old ladies across the road on your way back from bible study each evening, but it'd be hard to say you think we should see you that way in the very same post that you say

Originally Posted by crazydiamond85

how about you shut the fuck up

n'est-ce pas?