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California Supreme Court Ruling: Thumbs UP On Marriage Equality

by: Autumn Sandeen

Thu May 15, 2008 at 13:14:33 PM EDT


California Supreme CourtFrom In re Marriage Cases 5/15/08 :

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.

S147999 - California Same Sex Marriage Ruling...We therefore conclude that although the provisions of the current domestic partnership legislation afford same-sex couples most of the substantive elements embodied in the constitutional right to marry, the current California statutes nonetheless must be viewed as potentially impinging upon a same-sex couple's constitutional right to marry under the California Constitution.

Furthermore, the circumstance that the current California statutes assign a different name for the official family relationship of same-sex couples as contrasted with the name for the official family relationship of opposite-sex couples raises constitutional concerns not only under the state constitutional right to marry, but also under the state constitutional equal protection clause. In analyzing the validity of this differential treatment under the latter clause, we first must determine which standard of review should be applied to the statutory classification here at issue. Although in most instances the deferential "rational basis" standard of review is applicable in determining whether different treatment accorded by a statutory provision violates the state equal protection clause, a more exacting and rigorous standard of review - "strict scrutiny" - is applied when the distinction drawn by a statute rests upon a so-called "suspect classification" or impinges upon a fundamental right. As we shall explain, although we do not agree with the claim advanced by the parties challenging the validity of the current statutory scheme6 that the applicable statutes properly should be viewed as an conclude that the purpose underlying differential treatment of opposite-sex and same-sex couples embodied in California's current marriage statutes - the interest in retaining the traditional and well-established definition of marriage --cannot properly be viewed as a compelling state interest for purposes of the equal protection clause, or as necessary to serve such an interest.

[Below the fold: California Govorner speaks on ruling; Links to organizations' media releases on the ruling]

Autumn Sandeen :: California Supreme Court Ruling: Thumbs UP On Marriage Equality
From the Associated Press/Fresno Bee:

The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry.

The justices released the 4-3 decision Thursday, saying that domestic partnerships are not a good enough substitute for marriage in an opinion written by Chief Justice Ron George.

...Governor Arnold Schwarzenegger released the following statement today regarding the state Supreme Court's ruling on same-sex marriage:

"I respect the Court's decision and as Governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

~~~~~~~~~~~~~~~~~~~~~

Equality For All On California Supreme Court Ruling

~~~~~~~~~~~~~~~~~~~~~

San Diego LGBT Center/Center Advocacy: Fairness Wins: A Victory for Marriage!

~~~~~~~~~~~~~~~~~~~~~

Lambda Legal: Victory! CA High Court Says Same-Sex Couples Can Marry

~~~~~~~~~~~~~~~~~~~~~

HRC: CALIFORNIA BECOMES SECOND STATE TO RECOGNIZE MARRIAGE EQUALITY FOR SAME-SEX COUPLES

~~~~~~~~~~~~~~~~~~~~~

National Center For Lesbian Rights: Lesbian and Gay Couples Win Freedom to Marry in California

~~~~~~~~~~~~~~~~~~~~~

National Gay and Lesbian Task Force: National Gay and Lesbian Task Force hails historic California Supreme Court decision supporting the freedom to marry

~~~~~~~~~~~~~~~~~~~~~

Freedom To Marry: California Ends Gay Couples' Exclusion From Marriage

~~~~~~~~~~~~~~~~~~~~~

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Yowza
I haven't fully digesetd the opinion yet, but it seems pretty thorough.

Based on the rumors that had been floating around, I was preparing for something ugly.

Of course, speaking of something ugly...

In the words of a recent parody commercial from SNL, "Hold on to your hat!" Get ready for All-Star Anti-Gay Initiative Derby, kicking off, probably, later this afternoon.

Kat

>^..^<


All-Star Anti-Gay Initiative Derby
It will most certainly start, but it will also fizzle. Even if the initiative to amend the Constitution makes it to the ballot, it will in all likelihood fail. This is for a couple of reasons. California voters tend to be reluctant to amend the Constitution and they've never passed an amendment designed to reduce rights. Also, this year we will probably see record turnout of new and young voters, the greatest majority of whom probably have at least one LGBT friend and they will vote it down.

Also, the amendment as it is now was written with the idea that the California Supreme Court would rule against equality for LGBT people. It doesn't take into account the hundreds if not thousands of same-sex marriages that will no doubt take place between now and November. Because of that I expect the current initiative to be withdrawn, and they'll have to start all over again while more and more same-sex couples get married.

The right wingers have lost in CA, however they will keep trying to bring it back until we get the SCOTUS to issue the LGBT version of Loving vs. Virginia

Never try to train a pig. It's a waste of time and it annoys the pig.


[ Parent ]
CA+
Oh I figure that about in CA.  

The Derby I'm referring to is the other states, whose christofascists will use today's majority decision as another scare tactic to get another batch of ballot measure in front of voters to skew another batch of elections.

Kat


>^..^<


[ Parent ]
Not so sure
People are seeing how MA and VT haven't suffered any ill from allowing same-sex couples to wed. The old saying about how California goes so goes the rest of the country will probably continue to be true and I think the religious wrong's power is beginning to fade.

Of course they're going to keep trying and they may still win some battles, but history is in our favor and we will prevail.

Never try to train a pig. It's a waste of time and it annoys the pig.


[ Parent ]
How Many States Left?
That's the real issue. Most, if not all, of the states where anti-gay hate amendments would fly have already passed them.  

[ Parent ]
Too damned many
but with patience, honesty and perserverance...

[ Parent ]
California and Marriage Equality
Yay!

-maylith

Yay California Supreme Court!!!
I can just imagine the outrage and anger that's stirring in the right-wing blogosphere and the Fundie nutcase sites right now about this....

"Oh My GAWD....The Slippery Slope to Sodomy!!!!!"

It's nice to see some State Supremes with some guts, because there will be a lot of pushback and anger over this...


OOOOoo
"slippery" and "sodomy" in the same sentence!

[ Parent ]
To quote Don Cheedle ("Evolution")
There's ALWAYS time for lubricant!!!

[ Parent ]
Great news
This just made my day. Some questions: since I don't live in California, does this mean that my partner and I can just go to California and get hitched? Any delay in the implementation?

Only after we get a Governor that will sign the law.


[ Parent ]
can you do some interpretation for us?
does the ruling say that people can start marrying now or in a given time period, or does it say that we wait in limbo until a marriage equality bill is signed into law?  if the latter, is there a way to expedite that immediately?

Click HERE and sign up: Campaign For Military Partners.

Lurleen on Twitter.


[ Parent ]
don't believe so...
I'm a lay person, but I'm guessing the following means the Legislature needs to repass the Gender Neutral law.

Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court.  

Don't quote me, I'm being cautious...going to check some other website now...EQCA, Lamdba Legal etc.


[ Parent ]
Says nothing about out of state people
The ruling takes effect in 30 days. It appears that there is no prohibition of out-of-state couples coming to CA to get married. The question is whether their home state will recognize it on their return home. But they can fight that in their courts.

Also, the initiative going on the ballot in November has no retroactive stripping of marriages that occurred before the amendment would go into effect. So, IF it passes, people who got married before it goes into effect may well be untouchable by the amendment. Expect some court cases on that.

But we need to defeat the amendment. Should be easier with a bunch of married couples to show the voters who would be getting their hard-earned marriage licenses revoked if it passes.

Here's a good summary at SF Chronicle


[ Parent ]
whoo hoo
Amazing, never thought I'd be planning a wedding right here in my home state.  :)

[ Parent ]
...correct.

So now it has been just affirmed that all NEW YORKERs can come here to marry and have it fully acceptable in New York.

Presumably this also means we now recognize Canadian and Massachusetts (and soon New Jersey) marriages. 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
marriages will be recognized in Rhode Island also!!!


[ Parent ]
The out-of-state issue...
The thing with Massachusetts banning out-of-state residents has to do with residents coming to another state for something prohibited in their own state. I believe MA now allows marriage for any couple whose home state doesn't have a state DOMA. In CA, it may end up being the same.

This sort of concept...not allowing a valid marriage if the couple goes to another state to get around their own state's prohibition...is also found in things like going to a state to get married because the age of consent is lower than in the home state. In that case, the marriage could be challenged on its validity. It'd probably be similar for residents of states w/DOMAs.


[ Parent ]
It would take a law
In MA, the court required the legislature to change the law and they did (reluctantly,) but included this exclusion for non-residents. In California, the court did not leave it to the legislature to so any such thing. Gays and straights are to be treated equally under the law that already existed before the one-man-woman law that they overturned was enacted.

Unless the CA legislature sets out to EXCLUDE non-residents from the marriage equality that they've been fighting for, it ain't gonna happen.


[ Parent ]
the origin of the MA law
is anti-miscagination.  the law you are referring to is actualy a small set of laws together called the "1913 laws" for the year they were enacted.  the recent pro-marriage court decision in MA had nothing to do with them.  they were passed to keep mixed-race couples from coming to mass to get married, where ti was legal for them to do so.

also, the mass legislature has not changed any laws in response to the "goodridge" marriage decision.  they didn't need to.  the court said that the right to s-s marriage had always existed there, but that illegal barriers (habit, not a doma) had been erected.  they were removed by court order.  the haters are fond of saying that s-s marriage is still not legal in MA because the legislature hasn't passed a law plainly stating so.  i guess they don't or won't understand the court's reasoning.

you can find more info on the mass goodridge decision at glad.org

Click HERE and sign up: Campaign For Military Partners.

Lurleen on Twitter.


[ Parent ]
Thanks for the info
That helps explain why it is the way it is in MA. I guess I had it wrong. But in CA, this type of restriction will not apply, as it didn't under the mixed-race decisions 60 years ago in CA. Any pair of adult persons from any state will be able to get married in CA once this is in place. People all around the country should take advantage of it.

[ Parent ]
Florida
Yes, I can't wait to see the flood of folks pouring into CA!  I especially hope that TONS of floridians do so, and have huge wedding parties with everyone they can think of, including the neighbors.  As they go to the polls to vote on their heinous amendment, Florida people need a mental image of real live, loving, happy couples and families, and the ever-widening circle of people who are happy for their happiness.

Who knows, maybe Charlie Crist will get the ball rolling... :D

Click HERE and sign up: Campaign For Military Partners.

Lurleen on Twitter.


[ Parent ]
A writ of mandate
Is not something passed by the legislature. It is a court order to a government agency to follow the law by correcting its prior actions or ceasing illegal acts.

Basically the court made it illegal to deny LGBT people the right to marry.

No legislature involvement needed. Just do it.

Never try to train a pig. It's a waste of time and it annoys the pig.


[ Parent ]
I'm not sure that's true
Because the one law against same-sex marriage has been nullified, they don't need to pass one allowing it. It's just allowed. I believe it means we can start getting married in 30 days.. just in time for pride!

The reason why I say this is because when all the sodomy laws were struck down by the SCOTUS state legislatures did not all have to formally remove the law from their books or pass laws allowing sodomy.

Never try to train a pig. It's a waste of time and it annoys the pig.


[ Parent ]
retroactive or not?
Yeah I didn't know about the 30 day  part.
However I am reading varying opinions on whether or not if the anti gay amendment passes if marriages between now and then will be disallowed.  Some say yes, others say that because the amendment doesn't make any provision for ss marriages it's won't overturn them.  I see lawsuit.  LOL.  Definitely gonna win that one.

[ Parent ]
The way I understand it
The ballot initiative with the constitutional amendment was written under the assumption the CA Supremes would rule Prop. 22 was Constitutional and as a safeguard to keep CA voters or later court challenges from overturning it.

"Only a marriage between a man and a woman is valid or recognized in California."

It's the exact same language used in prop 22. Basically it enshrines the now unconstitutional law in the CA. Constitution. So if it passes, what happens to all of the same-sex marriages that will no doubt take place between now and then? Are they then nullified? How does that work?

It's one thing to nullify a law that restricts rights, but it's quite another to take away a right once it has already been exercised. I doubt very seriously it will pass, but we must keep fighting it to make sure it dies and stays dead.

Never try to train a pig. It's a waste of time and it annoys the pig.


[ Parent ]
The Gov says thumbs UP!!!
Governer Awnold has come out in support of the ruling and says he will enforce it. He also said he will NOT support the measure to ban same-sex marraige that will be on the California ballot in November...

[ Parent ]
Amazing
Poster craig was way ahead of me.  Took me forver to get thro to the Court doc site.  My word doc is 120 pages long before it goes onto the dissenting opinions.  In the Supreme court pic, standing and sitting, that's the four justices who ruled for equality.  What's great about the ruling is that it goes through EVERYTHING covered in the oral arguments if you were able to listen to that...The California ruling will now be an amazing document in support of equality.
Unfortunately, they leave it to the legislature to remedy the situation and like I posted before anti gay amendment on it's way...still it is going to be one wild time down in WeHo this eve.
I'll repost the two paragraph summary which  craig posted in the previous thread.

Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union "between a man and a woman" is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.  In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand.
Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court.  Further, as the prevailing parties, plaintiffs are entitled to their costs.
The judgment of the Court of Appeal is reversed, and the matter is remanded to that court for further action consistent with this opinion.


I'm skimming as fast as I can ;-)
It is a LONG opinion.  

[ Parent ]
that's for sure...
172 pages in the PDF format.

I want to give it a good read because I think there's some good stuff in there from my quick skim, but I doubt I'll have the time for a couple days.


[ Parent ]
...no what I read.
Was that they only 'leave it to the legislature' to correct the wording of Prop22 and to remove 308.5 as it is now  invalid.  This in no way slows the actual initiation of new wedding licenses. In fact the offices are instructed to begin implementing the decision asap. One writer said that usually means within 30 days of the ruling.

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
It Doesn't Hurt to Remember...
...that 6 of the 7 Justices were appointed by Republican Governors.

But still
if you listened to the oral arguments in March, there were some definite allies on the bench there.  You should have heard how fast Chief Justice George shot down the whole procreation thing which several other state courts have hid behind.  He dumped on the Liberty Counsel guy so fast is was royal.

[ Parent ]
Prepare for Peter and Friends
Lookout everybody!  Get ready to be bombarded with a flurry of "activist judges" commentaries, the usual calls for "emergency" donations to stop "this latest attack on the traditional family", renewed calls for a federal marriage amendment or at least state constitution amendments for states in which they don't already exist, and of course they'll manage to slip in the "absolutely catastrophic" consequences of electing an "anti-family" Democrat to the Presidency.

Hope for a future generation
Hopefully, with a wave of Generation Y voters going to the polls, the Children of the Revolution won't be fooled.

[ Parent ]
This is wonderful news.
I think that I heard a splat, hopefully it was The Peter's head exploding upon hearing about this.
Unfortunately it looks like the conservatives and friends (aka  "old farts and the whores who pander to them") are going to have another shot at this:
http://news.yahoo.com/s/ap/200...
Why are dumb people always so interested in other people's lives?  There really are more interesting things going on right now than if two guys or two gals that they don't know want to get married.

My America includes LGBT families.

"The state has no business in the bedroom of the nation."- Pierre Trudeau


[ Parent ]
CELEBRATION!
I am so happy!  This is WONDERFUL news from my state of CA.

Now we have to fight the stupid amendment brought by the CONservative FREAKS that will probably appear in the Nov ballot.

But we are strong and ready to fight back.

Now if I can now put focus on finding a bf ... ;-)


Yippee fucking skippy!
Now it's time to dig deep and give some $ to Equality California and other orgs opposing that freakin' ballot initiative.

Victory dance!


Equality for All
According to Evan Wolfson, who was just on Mike Signorile's radio show, the site to go to for donations is Equality for All.(org? com? not sure). It is a joint site for all the groups that fought the anti-gay laws.  

[ Parent ]
It is FOR the kids
Third, it also is significant that although the meaning of the term "marriage" is well understood by the public generally, the status of domestic partnership is not. While it is true that this circumstance may change over time, it is difficult to deny that the unfamiliarity of the term "domestic partnership" is likely, for a considerable period of time, to pose significant difficulties and complications for same-sex couples, and perhaps most poignantly for their children, that would not be presented if, like opposite-sex couples, same-sex couples were permitted access to the established and well- understood family relationship of marriage. (p. 104)

Just as the decision of the Ontario Court of Appeal 5 years ago was for the kids.

Nice.


YAY!!!
What wonderful news!!! This has made my whole day!!!  

Besser ein ende mit Schrecken als ein Schrecken ohne ende

YAY!
I'm resisting the urge to sing "So I'm loading up my truck to move to Beverly... Hills, that is."

So what are the next steps?  

watashi no yomeiri wa doko desu ka


holy crap!
Oh Happy Day. We love California!
CONGRATULATIONS!

http://EQFL.org

Oh My!

I am shaking.  The Justices "get it."  They undrstand the whole "dignity and respect" for relationships and families aspect of the equation.  They understand the difference between husband and partner, between marriage and domestic partnership.  They get it.  I am shaking as I read their opinion.  I am so vry proud to live in California.  Steve and I moved here by conscious decision.  Oh how I wish he were alive to celebrate with me, to marry me.  I weep in joy and sadness at one and the same time.  I am shaking in pride and grief together.

The fight for full LGBT Equality is NOT over.  Be strong and be ready to really fight!  And read my blog in your spare time! http://ravenhurst-ravenhurst.b...

....Yes, Yes Yes

Busy.. d*** work. Just read it.  Congrats to all! Many Many Happy Returns.

Straight for Equality MD California 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
Location of Court matters...
It's a good thing the CA Supreme Court is located in SF and not Sacramento huh? They're right across the street from City Hall where all of the controversy started in the first place. Even a hard-line conservative softens up living and working in SF.

[ Parent ]
Nice thought, but...
The Texas Supreme Court is located in Austin, probably the most (only remaining?) liberal city in the state.  

That court is still fighting to drag the state into the 1800s.

Kat

>^..^<


[ Parent ]
Dallas and Houston are fairly blue...
...but the 'burbs of both are so conservative, they still think George Bush is the second coming of Christ. Austin is the most liberal. We just elected a lesbian to the city council and our new District Attorney (barring a upset victory by the Libertarian or a massive write-in for an independent) will also be a lesbian.

Ironically, if the issue of marriage does come up before the Texas Supreme Court in the near future, the court will likely have to strike down Texas' anti-marriage amendment because the dumbfuck that wrote it left out a rather important word, the absence of which, if the law is interpreted by "strict constructionists" reading the literal text and plain language and not some commie-pinko liberal, elitist, activists judges, then the State of Texas banned marriage...not same sex marriage...marriage. The law defines marriage and then says the state can't create or recognize ANY legal status identical or similar to marriage. Texas Family code creates and recognizes a legal status that is similar, if not identical, to marriage as defined by the amendment. IOW, the law should have read "any OTHER legal status..."

The scary thing is the Texas Supreme Court is the more liberal of Texas' two supreme courts. (Yes, we have two sureme courts, one for civil matters and one for criminal matters.) The Court of Criminal Appeals, the criminal supreme court for Texas, is a lot like the Roman colosseum with the chants of "KILL! KILL! KILL!" ringing out...from the bench. It doesn't even have to be for a capital crime. That is the court that ruled that the state could still execute a man for murder even though his lawyer fell asleep numerous times during the trial because in the court's opinion, he didn't fall asleep during important parts. Yes, in a trial where you life hangs in the balance, there are parts apparently that aren't important.  


[ Parent ]
I honor you and your husband Steve
Dagon I'm sorry about your loss, but I would not be surprise if your Steve is right there with you celebrating.

Hugs.

http://i10.photobucket.com/alb...

Namaste!


[ Parent ]
You were one
of the first people I thought of... long distance hugs!!

[ Parent ]
...I am truly.

Still shaking and a bit teary now.  Yes, I am sure Steve is right there with you.

So do you think I should send a copy of the decisions by certified mail to our Sheriff so he can't say he 'hadn't heard of that lil ol law.'?  Only partially kidding. 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
Congratulations Golden Staters!
Wow, the rumor mill was too pessimistic:  Werdegar ended up signing on to the majority opinion.

Now we've got to beat this damn referendum in the fall.

"Our Liberties We Prize and Our Rights We Will Maintain" -- Iowa state motto


NOW for NEW JERSEY!

Also remember folks, it was confirmed by those who know the law yesterday there is NO RESIDENCY Requirement.  One person said there is always a 30 day hold/wait on Supreme Court decisions.  ??? Confirm.  WHEN? 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


....and can I say.
I told you so. I LOVED the lead lawyers arguments which are outlined and confirmed above.

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
adding
my own voice of stunned joy to the mix!  Wow.  Go Californication!  

Electricity's for light bulbs!

Clock spring

Hang onto your seats, kids.  This is going to wind up the fundies like a clock spring!


7pm Tonight in West Hollywood: San Vicente & Santa Monica Blvd.
There is a celebration gathering tonight in West Hollywood:

http://www.lagaycenter.org/sit...

:-)


The next step...
The next step is to join Equality California to defeat the probable November ballot initiative to write discrimination into the California constitution. We also need to pressure the Assembly and Senate into passing, for the third time, a marriage equality law and pressure Arnold into singing this time.

This is a major victory but the war is far from over but we will win.


That could be a mistake
I wouldn't try to get any law passed, as they may work some restrictions into it. The court ordered that the man-woman law be overturned and that's all that is needed because they interpret the previous law to include same-sex couples. If it goes to the legislature, they might do something stupid like restrict it to only CA residents like MA did. We need people from out of state to get married in CA and then force their home states to recognize them. Then we can get to the US Supreme Court to get all of the restrictive state laws and amendments overturned because all states must recognize all contracts and marriages of other states under the US Constitution.

[ Parent ]
...agree.
No law is needed they have made legal the intent of the constituion ... any law could almost only apply limitations which would take other cases to be overturned.

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
So Nice to See ...
The CA supes didn't get dragged into the "marriage is for making babies" specious argument that got Wash and NY.

I can't wait to have the time to read the entire opinion.


Excellent news.

The courts and legislators are erratic and undependable at best but they're also very political and when they're faced with a mass movement that won't take no for an answer they occasionally rule to placate the movement.  

The looter rich much prefer working with Democrats like Obama and the Clintons - they're greedier, they fool more people and they're able to get away with a lot more than Republicans.

Don't enlist. Don't fight. Don't translate.  


....or they are intelligent jurists.
And decide to interpret the law just the way it is written, making it applicable to new cultural realities.

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
They could have done this or something similar
anytime after the late seventies when we handily defeated the bigot Briggs and his amendment 6. Then the new 'cultural reality' i.e., the statewide political power of the GLBT movement began to be felt in California. But they waited for decades. They waited until the same sex marriage movement began to grow exponentially and demonstrated that it took itself seriously and wasn't going away any time soon. Judicial enlightenment followed mass action. As usual.

And it also put the theory that we have to vote Democratic to influence the courts to the lie. The California same sex marriage decision was decided by a majority ruling of three Republicans and the lone Democrat on the court. Chief Justice George, a Republican, was first appointed to the bench by Ronald Reagan in 1972. The first judicial appointment of Justice Moreno, the only Democrat, was by Gov. George Deukmejian, a rightist. Justice Kennard, a Republican, was also appointed by Deukmejian. Justice Werdegar is a Republican.

The key to gaining our equality is not to rely on capricious and vacillating political judges but on ourselves and our ability to fight through to the end, whatever the means and no matter the consequences, to get our share of what the world offers.

 

The looter rich much prefer working with Democrats like Obama and the Clintons - they're greedier, they fool more people and they're able to get away with a lot more than Republicans.

Don't enlist. Don't fight. Don't translate.  


[ Parent ]
Way to go, Cali. CONGRATS!!!


Gay Marriage Initiative I believe is DOA!
Check this out from today's rulling:

"we conclude that, under this state's Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process."

Any lawyers out here who can confirm any anti-gay marriage intiative is DOA?


No
What that says is that the state constitution will not allow either the legislature or an initiative to pass a LAW forbidding gays to marry.

(the current law they overturned was passed by initiative).

There is nothing that the Court can do to prevent the constitution from being amended (which is the upcoming fight) and if the constitution WERE amended, that would be the law of the land in CA


[ Parent ]
yup...
Unfortunately, tip's right on that.

Hawaii's court win got shot down by a similar state law.


[ Parent ]
Well that's not good ...
BUT I think most Californians will be against AMENDING THE CONSTITUTION vs. passing a law via a simple amendment.

And yes, it's time to give $$ to Equality California.


[ Parent ]
We're Jeopardizin' Marriage!!!!!!!!!!!!
So sez the 'Alliance Defense Fund' (http://www.alliancealert.org/2008/05/15/marriage-jeopardized-after-calif-high-court-decision-unless-voters-approve-amendment/) anyway:

"The government should promote and encourage strong families. The only way to make sure it does so in California is to amend the state constitution to protect marriage. That's ultimately the only avenue to ensure that no one interferes with the will of the people," said ADF Senior Counsel Glen Lavy, who argued before the court

"The ruling from the court today ignores the will of the people of California who approved Proposition 22. The voters realize that defining marriage as one man and one woman is important because the government should not, by design, deny a child both a mother and father,"

Fine, Glen.

Get on the horn to the coke-snorting, draft-dodging, treason-mongering rich brat in the White House and tell him to bring every soldier-parent home from his Haliburton Profit Expo, er...., War, er..., Occupation of Iraq.

Kat


>^..^<


We're MARRIED!!!!
YAY!!!

and it all started from 4 years ago http://www.lathefamily.org/200...

(well, actually, this has been a half-century fight.. just the SF weddings were four years ago!

Daddy, Papa and Me, two men, their daughter, creating a family and the politics of it all.


Congrats!
To you all... is that right, did this decision uphold all the SF Marriages so they are now valid and date from 2004?  Wonderful!

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
I just HAD to rush over to FreeRepublic
To listen to the shrieks of outrage; the pathetic wish-lists to Republican Santa (the Constitution should be changed, y'all, to stop, things like this from happenin': lawyers should be banned!); the endless, tedious re-runs of the old schtick ('What's next; men marryin' dogs n' horses?) and the hopeless spin that this is a gift for the repubs; that they'll ride to the White House on another tidal wave of gay hate like they did a decade ago, even though McCain has already opposed a Federal ban on gay marriage. Oh, and some of them want to secede from California.

Their capacity for self-delusion is VAST. I felt a little sorry for them; they're clearly rather elderly people, consumed by resentment, who sit at home watching life pass by, railing against the world outside the window.


i was reading a free republic thread
But is it likely that our opposition will request a stay of this decision where we have to get the initiative rejected in November before we will be able to bear the fruit of this decision?

[ Parent ]
I don't know
if there's going to be much of a stomach for constitutional amendments this fall. And, hopefully, there won't be a stay and lots of gay Californians will get hitched in the meantime; McCain certainly is no fan of anti-gay amendments. Time to start pouring money into that part of the country.

[ Parent ]
PLUS
the last referendum on the issue was in 2000: things have changed a good deal since them; maybe more than 11 percentage points. Most of America has swung more more pro-gay than that in the last 8 years.

[ Parent ]
This is wonderful news!!!
Good job, CA Supreme Court!

"If the apocalypse comes... beep me." -- Buffy Summers

...and this just in.

Reading comments on SFGATE, most pro, a few almost unitelligible ones against, sputtering on the keyboard.  Bye guys, leave the state we don't need you.

One lovely one about a happy HET lady with 3 gays couples on her block. Man of 80+ just lost his partner, all the couples friendly and nice and throw the best parties and gee they haven't ruined her own marriage yet!  and this one is so special I had to share, especially as we will be celbrating our 38th this year.

 

solana
5/15/2008 1:00:09 PM

Best Wishes and Blessings to all of you who want to wed. I can tell you as a woman in a very happy hetero marriage of more years than I wish to disclose, there's nothing that can bring more growth and opportunity to be a compassionate being than to be part of a well grounded and centered marriage. Make it through those first few years and nirvana could be yours despite the fact that you will still have to wash the dishes and do the laundry.

...off to mow the lawn. Later

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


Wow! Great news!!!!!!!
A big win for the forces of good!

jon

This is Great News!
What a wonderful day for Californians!

:)
Good thing for everyone!

Woot!
I read the 365gay.com piece on mt cell phone, and I told the gm where I work (a partnered lesbian) as she was leaving on an errand. Her face lit up!

Now, if the court here in Iowa will buck the fundies...

"More than half of modern culture depends on what one shouldn't read." -- Oscar Wilde, The Importance of Being Earnest


Here's The Best!
Here's some of the best ... enjoy!

After carefully evaluating the pertinent considerations in the present case, we conclude that the state interest in limiting the designation of marriage exclusively to opposite-sex couples, and in excluding same-sex couples from access to that designation, cannot properly be considered a compelling state interest for equal protection purposes.  To begin with, the limitation clearly is not necessary to preserve the rights and benefits of marriage currently enjoyed by opposite-sex couples.  Extending access to the designation of marriage to same-sex couples will not deprive any opposite-sex couple or their children of any of the rights and benefits conferred by the marriage statutes, but simply will make the benefit of the marriage designation available to same-sex couples and their children.  As Chief Judge Kaye of the New York Court of Appeals succinctly observed in her dissenting opinion in Hernandez v. Robles, supra, 855 N.E.2d 1, 30 (dis. opn. of Kaye, C.J.):  "There are enough marriage licenses to go around for everyone."  Further, permitting same-sex couples access to the designation of marriage will not alter the substantive nature of the legal institution of marriage; same-sex couples who choose to enter into the relationship with that designation will be subject to the same duties and obligations to each other, to their children, and to third parties that the law currently imposes upon opposite-sex couples who marry.  Finally, affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs. (Cal. Const., art. I, § 4.)
While retention of the limitation of marriage to opposite-sex couples is not needed to preserve the rights and benefits of opposite-sex couples, the exclusion of same-sex couples from the designation of marriage works a real and appreciable harm upon same-sex couples and their children.  As discussed above, because of the long and celebrated history of the term "marriage" and the widespread understanding that this word describes a family relationship unreservedly sanctioned by the community, the statutory provisions that continue to limit access to this designation exclusively to opposite-sex couples - while providing only a novel, alternative institution for same-sex couples - likely will be viewed as an official statement that the family relationship of same-sex couples is not of comparable stature or equal dignity to the family relationship of opposite-sex couples.  Furthermore, because of the historic disparagement of gay persons, the retention of a distinction in nomenclature by which the term "marriage" is withheld only from the family relationship of same-sex couples is all the more likely to cause the new parallel institution that has been established for same-sex couples to be considered a mark of second-class citizenship.  Finally, in addition to the potential harm flowing from the lesser stature that is likely to be afforded to the family relationships of same-sex couples by designating them domestic partnerships, there exists a substantial risk that a judicial decision upholding the differential treatment of opposite-sex and same-sex couples would
be understood as validating a more general proposition that our state by now has repudiated:  that it is permissible, under the law, for society to treat gay individuals and same-sex couples differently from, and less favorably than, heterosexual individuals and opposite-sex couples.  
In light of all of these circumstances, we conclude that retention of the traditional definition of marriage does not constitute a state interest sufficiently compelling, under the strict scrutiny equal protection standard, to justify withholding that status from same-sex couples.  Accordingly, insofar as the provisions of sections 300 and 308.5 draw a distinction between opposite-sex couples and same-sex couples and exclude the latter from access to the designation of marriage, we conclude these statutes are unconstitutional.


The fight for full LGBT Equality is NOT over.  Be strong and be ready to really fight!  And read my blog in your spare time! http://ravenhurst-ravenhurst.b...

We can haz marriage nao!
Me, this morning before work: So, you wanna at some point?

Friend Wot Is a Girl: Yeah.

The wonderful thing was hearing many of our friends say, "We immediately thought of you."


I'm engaged!!!
Got engaged at lunch....we haven't worked out the details yet, but after 25 years we're just relieved we can have the same choices everyone else can.  :)

Yippee, I get to be the first one here
to CONGRATULATE KAREN AND FIANCEE!!! :)


[ Parent ]
...Congratulations KAREN..

I have a feeling there will be a lot of champagne corks popping in California today, and I hope some were optimistic enough to have rings ready etc. .....

 Don't know which city you are in, but PRIDE Committees may want to include some recognition or ceremonies in their celebrations this year, if any of you are on them.



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
YAY!
Congratulations, Karen!

[ Parent ]
Congratulations Karen
 and best wishes to both of you. May you both live long and happy lives together.  

[ Parent ]
I am thrilled for you!!!
yeah, after 25 years, i guess it's about time. :D

XXOO to the happy couple!

Click HERE and sign up: Campaign For Military Partners.

Lurleen on Twitter.


[ Parent ]
In the internet age
progress doesn't come in small steps. It moves in leaps and bounds.

Two very compelling lessons here. The telling judicial commentary in regard to this historic ruling is that six of the seven justices on the CA bench were appointed by Republican governors. Think about what that says about Baby Boomers-- and then move on to what Gen Y are and will be doing.

Also noteworthy is that this legislation began when a single individual-- one politician-- San Francisco Mayor Gavin Newsom, issued a ruling. Mayor Newsom acted alone based upon what he believed to be right, not what he thought he could get.

Jim Neal
Chapel Hill, NC



Jim Neal in Chapel Hill


Protecting our daughter
What celebrations are happening out here in California!

As soon as I heard the good news, my immediate thoughts went to my 4-year old daughter, Caroline. No longer will she have two single men as parents. She will now have a first-class family with two legally married parents who are fully committed to each other, and, of course, to her.

So I'm planning a wedding! Big, small, summer, fall - don't know yet. But what a wedding it will be!


Do it right away (30 Days)
Get out there and demand to be married. Within 30 days every County Clerk will be required to issue marriage licenses to same-sex couples. Some may do it sooner. Don't be surprised if SF re-prints their forms and brings in extra staff to do it by this weekend.

But get it done before November, in case the amendment passes. That way, you're covered and have something to fight with.

Congratulations. I am so happy for you and your family.


[ Parent ]
...and with.

'Built-in' lovely flower girl.. or BEST LADY ... or whatever her title will be.  Too much really good fun, especially for the families.  

I remember seeing a snap of the SF Pride Parage family section last year where two dads in different uniforms were carrying two very tired and well loved children, an older one and a pretty new baby.  It was by far my favorite picture from the whole parade.  Still have it, but don't know how to put it here.

Such memories to be made this summer! And from analyses below I gather that even if the amendment did pass in November all marriage performed before that would be legal for life.  That will really put a match under some people I would think.

 

Congratulations. 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


[ Parent ]
I'm getting teary
just imagining how happy your family is gonna be on that wonderful day, Clark! All joy to you and yours...

[ Parent ]
CNN Reported it COMPLETELY Wrong at FIRST.
Its over at GAY. His "Video: BIG OOPSIE.  Really funny full 2 minute story putting New York Legal analyst on who could not hear even the wrong things the reporter said.  That one really has to go in the MSM Big BLOOPER... file.

"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


Orion45, do you have a link?
nt

My America includes LGBT families.

"The state has no business in the bedroom of the nation."- Pierre Trudeau


[ Parent ]
They have it
at PageOneQ
http://pageoneq.com/news/2008/...

If that is too long just go to the main page:
http://www.pageoneq.com/


[ Parent ]
It worked, thanks!
nt

My America includes LGBT families.

"The state has no business in the bedroom of the nation."- Pierre Trudeau


[ Parent ]
Thanks Fiona.

I don't know how to put up links yet. Just learned quotes.  ... but here's another really cute one from SF Gate.

Yippee! Finally a reason to be happy to have to purchase wedding gifts! 



"If the time isn't ripe, we have to ripen the time."
DOROTHY HEIGHT


Not a problem
I'm glad I was able to help.

[ Parent ]
It would be very difficult to overcome this ruling...
It so specifically states that principles in the California state constitution that were be violated before.  And challenger would have to satisfy that a policy of no marriage would not countervail those same protections -- in a word, impossible.  I think EQUAL MARRIAGE is in CA to stay.  And CA is about 4 years ahead of the rest of the country, 6 years ahead of parts.  I think we will see fully equitable marriage in this entire land within a decade.  

Looks like our wish...

   for equality is slowly coming true. I am so HAPPY. This is absolutely fantastic. I just got home from my mom's and haven't seen the news since Thursday. I thank _ _ _ we just picked up tail wind. This will carry some momentum for sometime now.

   Push onward brothers and sisters and continue to stand tall and proud.

   Thank you everyone

  



I'd rather be a lion for one day, than a sheep for my entire life.


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