Gay Marriage Ban -- Gone in California



The California Supreme Court has just ruled in a 4-3 decision that the voter enacted limitation of marriage to a man and a woman unconstitutional. It is a 172 page document (which I decided not to read in full), that seems to turn on whether the state has the right to turn aside one's right to marry. I just read through a couple of pages, but it seems to focus on the distinctions made between marriage and domestic partnerships.



My congressional representative, Lois Capps, issued this response (it was sent to me by one of her staff members):


Capps Praises California Supreme Court Decision Allowing Gay Marriage


WASHINGTON, D.C. -Congresswoman Lois Capps released the following statement praising the California Supreme Court's decision today to allow gay marriage:

"This is a momentous day for the State of California and for those who value family rights and civil rights for all. Once again, California has stepped up and been a leader in protecting equal rights for all of its citizens. This decision will strengthen families across the state and ensure that gays and lesbians in committed relationships will be able to enjoy the same rights and privileges as heterosexual couples. Providing rights to gay and lesbian couples through a separate system of domestic partnerships, while a step forward, is not enough. Today's decision affirms the fundamental American principal of equality for all."




Of course this isn't the end of the story. There is already an effort to put on the November ballot an initiative that would define constitutionally marriage as between a man and a woman -- thereby banning same-sex marriage. It will be interesting to see what the political climate in California is. I would support this ruling and oppose the effort to define marriage constitutionally.

Comments

Anonymous said…
Sigh. This couldn't have come AFTER the general election? Gay marriage was the distraction that let W get a second term!
Anonymous said…
Lois Capps is a wicked witch. You Cornhole are the lowest form of life: an infidel pretending to be a Christian minister.
Robert Cornwall said…
Michael,

I doubt a GOP appointed State Supreme Court is too focused on the Democratic chances in November.

As for Gary. You are welcome to post here, but I'd appreciate it if you would at least try to be civil.
Anonymous said…
I celebrate this ruling but worry for the same reason Michael does.
Anonymous said…
If the conservatives get an amendment to the CA constitution on the ballot, it could bring out the Religious Right vote in CA and McCain could get CA--and the nation.

I wish I could just celebrate this with my gay and lesbian friends--but I think it could lead to McCain, war with Iran, the largest federal deficit since WWII, increasing poverty, etc.

Hope is so hard to hold to when it has been dashed so many times. I swear if McCain wins, I will move to Canada somehow.
Robert Cornwall said…
Michael,

I don't think the Religious Right is that strong in California. This amendment will go forward without any political muscle, nor will McCain capitalize on it -- I doubt. Besides, I don't think that this will turn California. It could make the election closer, but the mood in California is to go with the Democrat.
Brian said…
In his letter from the Birmingham jail, Martin King Jr said "Frankly, I have yet to engage in a direct action campaign that was 'well timed' in the view of those who have not suffered."

There will always be a "reason" to wait but it is always the right time to do justice.

That being said, the majority of the court were Republican appointees, the decision is backed by the state's Republican governor, and it appears the McCain campaign is not going to spin this. Much has changed in the past four years and it does not seem the public will be distracted by alarmist rhetoric from weighty issues such as the economy, the war in Iraq, national security, and the growing food crisis.

I'm overjoyed!
Robert Cornwall said…
Brian,

I think you have hit this one on the head of the nail! The judges are GOP appointees. The GOP governor made it clear in vetoing two gay rights pieces of legislation that this was a matter for the courts to decide. He says he will uphold the law. Neither presidential candidate is going to get involved.

So, I think first of all that the amendment likely will get voted down. I believe second of all that voters will distinguish between the amendment and the presidential candidates.

There is no perfect time, and now is the time.

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