[Sosfbay-discuss] California's top court legalizes gay marriage

[Andrea Dorey]

Yay!  The only reasonable conclusion.
"What the world needs now is love, sweet love"—whatever form it takes  
so long as it is egalitarian and good for the people involved!
Andi

On May 15, 2008, at 8:39 PM, Drew Johnson wrote:
> http://news.yahoo.com/s/ap/20080516/ap_on_re_us/ 
> gay_marriage;_ylt=AnTae27yXxoHk5cR_EBDXsGs0NUE
>  California's top court legalizes gay marriage
>
> By LISA LEFF, Associated Press Writer
>
> SAN FRANCISCO - California's Supreme Court declared 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, the historic 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 were planning to serve "wedding cake" at an
> evening celebration.
>
> James Dobson, chairman of the conservative Christian group Focus on  
> the
> Family, 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-mail 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 is the only other state to legalize gay marriage,  
> something
> it did in 2004. 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 historic role in the vanguard of the many social and cultural
> changes that have swept the country since World War II.
>
> California has an estimated 92,000 same-sex couples.
>
> "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 from around the country are
> likely to flock to the state to be wed, said Jennifer Pizer, a gay- 
> rights
> attorney who worked on the case.
>
> The ultimate reach of the ruling could be limited, however, since most
> states do not recognize gay 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.
>
> Randy Thomasson of VoteYesMarriage.com, a campaign to amend the  
> California
> Constitution to ban gay marriage, said the decision was in effect  
> telling
> children that they have a "new role model — homosexual marriage,  
> aspire to
> it.
>
> "This is a disaster," he said.
>
> 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.
>
> The justices said they would direct state officials "to take all  
> actions
> necessary to effectuate our ruling," including requiring county  
> marriage
> clerks to carry out their duties "in a manner consistent with" the  
> court's
> decision.
>
> James Vaughn, director of the California Log Cabin Republicans,  
> called the
> ruling a "conservative one."
>
> "The justices have ensured that the law treats all Californians  
> fairly and
> equally. This decision is a good one for all families, gay and non- 
> gay,"
> Vaughn said.
>
> 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 gay
> couples 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  
> and
> 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 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 spread of the decision. Jeanie Rizzo, one of the
> plaintiffs, called Pali Cooper, her partner of 19 years, via cell  
> phone
> and asked, "Pali, will you marry me?"
>
> Shannon Minter of the National Center for Lesbian Rights said same-sex
> marriage advocates could not have hoped for a more favorable ruling  
> by the
> Republican-dominated court. "It's a total victory," Minter said.
>
> 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 gay- 
> marriage
> amendment on the ballot.
>
> Republican Gov. Arnold Schwarzenegger, 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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