McClintock Calls State Supreme Court Ruling on Gay Marriage a 'Travesty'
Posted by: Aaron Park | 05/15/2008 4:44 PM
This is a Press Release from Tom McClintock's Campaign
State Senator Tom McClintock called the California Supreme Court's decision to permit gay marriage 'a travesty' and declared he would do everything he could to campaign for the marriage protection initiative this fall.
"Today's Supreme Court ruling is a travesty of judicial activism and is based not on California law - which is crystal-clear - but on the social views of the individual justices. Fortunately, the initiative process allows voters the opportunity to overturn this ruling by adopting the Marriage Protection initiative this November," McClintock said. "I intend to do everything in my power to campaign for this initiative."
While a member of Congress, McClintock's opponent Doug Ose voted 'NO' on the Marriage Protection Act when HR 3313 (Roll Call#410) was brought to the floor for a vote in July 2004.
"Ose's vote is a glaring example of his liberal voting record and why he doesn't match up well with the voters of the 4th Congressional District," said Stan Devereux, McClintock's spokesman.
"Marriage is an institution that exists in nature and ultimately is beyond the power of any government or court to redefine. It is the union of a man and a woman to summon new life into the world. It is this act that creates a tapestry of unique responsibilities between the mother and father, both to each other and to the child. Our marriage laws are solely crafted to support this singular relationship and are inapplicable to any other partnership," McClintock said.



Is it a bigger travesty, the same intensity of travesty, or a lesser travesty than a career politician from Ventura County running for his next paycheck in a district hundreds of miles from his home?
To the future McClintock supporter,
I have heard of comparing apples and oranges, but that does not even begin to do justice to your comparison!
John
I heard a good comparison today - Tom hates the military and vets and Doug never backed down when they needed him.
Oh wait, it's a constitutional matter.... That's why Tom, Tom, John, Ken, Aaron, and the rest of our fine "freedom fighters" have filed petitions against those egregious bills in court. And the credit firms have bank rolled the effort.
Oh wait, Tom et al have done NOTHING to change the laws. Seriously, just admit it - Tom hats the military. That's why he voted against asking Congresses to not BRAC the hell out of CA.
Here is how it works;
1) Get a liberal Mayor to violate the law and authorize gay marriage in his city.
2) Get a liberal Attorney General to file a lawsuit against him, and do a really, really bad job arguing against it.
3) Get a liberal Supreme Court to rule with a law that opens the door for anyone to marry anyone regardless of their gender and perhaps even their existing family ties
And the only thing that stood in their way was a bunch of ignorant Christians who are easily led, [no we have NOT forgotten what the Washington Post and most of the liberal establishment thinks of us!] going out and getting over one million signature to amend the Constitution on the November ballot and overturn the ruling.
This one single measure will do for John McCain in California what the marriage initiative did for Bush in Ohio in 2004!
As for the impact in the 4th CD: Charlie should start planning for some real quality time with the grandkids!
John
Can same-sex couples marry in California?
Yes. On May 15, 2008, the California Supreme Court ruled that barring same-sex couples from marriage is unconstitutional. Beginning as soon as June 16, same-sex couples will be able to marry in California.
Can the court’s decision be appealed?
No. The California Supreme Court has the final say in cases brought under the California Constitution, like this case, and there can be no more appeals.
Does the court’s decision affect the rights of heterosexual couples?
No. The rights of heterosexual couples to marry and the rights and responsibilities of those who are married remain exactly the same. The decision simply ensures equality and fairness for same-sex couples.
Does this ruling require religious groups or clergy members to marry same-sex couples?
No. The court’s decision said the government may not discriminate against same-sex couples by barring them from civil marriage – a legal institution established and regulated by the government. Religious groups and clergy members remain free to recognize or refuse to recognize marriages within their religion as each sees fit. While some faiths do not permit same-sex couples to marry within that faith, a growing number do. As a result of the court’s decisions, same-sex couples may choose to be married by a clergy person in a welcoming community of faith or by a civil servant such as a judge or authorized deputy.
Should we get married now?
Marriage is a serious legal and personal commitment that should not be entered into lightly. Before getting married, couples should educate themselves about the legal consequences of marriage, in addition to other considerations.
Same-sex couples also face some additional considerations that heterosexual couples do not face, due to discrimination by the federal government as well as by a number of states. Deciding whether to marry is an important decision for everyone, gay or straight, but lesbian and gay couples have to be prepared for and be willing to take on those additional challenges.
A period of legal uncertainty is likely. For example, if you marry in California, you cannot be certain whether your marriage will be respected if you live in, travel to, or move to a state that has laws or constitutional amendments limiting marriage to heterosexual couples.
In addition, current federal law prohibits the federal government from recognizing marriages of same-sex couples for purposes of the many federal rights and benefits given to married heterosexual couples, such as the right to file joint federal income taxes and the right to social security benefits as a surviving spouse. Being excluded from these federal protections, and often state protections as well, is a serious hardship and can cause significant legal problems.
Important Note: Binational couples in which one member does not have permanent legal resident status in this country and anyone serving in the U.S. military should consult with an attorney with expertise in these areas of law before getting married.
If we’re already in a registered domestic partnership in California, do we have to dissolve our domestic partnership before we can marry?
No. The California domestic partnership statutes permit an individual to be both married and in a registered domestic partnership, so long as it is to the same person. In addition, there may be legal protections that are available through domestic partnership but not through marriage. For example, some states that will not honor marriages of same-sex couples may honor domestic partnerships.
Do you have to be a California resident to marry in California?
No. There is no residency requirement to marry in California.
If my partner and I are from another state and marry in California, will our marriage be valid in our home state?
If you live in another state and get married in California, you will be legally married. However, depending on where you live, your home state may not respect your marriage. Many states have passed discriminatory marriage laws, and in those states, state and local governments likely will not respect your California marriage. But even in those states, it is highly likely that at least some private businesses and other private third parties will respect your marriage – particularly those that already recognize same-sex couples through domestic partnership or a similar system.
Marriage is a serious legal decision, and same-sex couples face additional challenges and questions because of continuing discrimination against married same-sex couples by the federal government and many states. We urge couples who are considering getting married in California to proceed with caution. Before getting married in California, you should educate yourselves about the law in your state and, if possible, consult an attorney about the best way to protect your relationship based on your circumstances.
Can we file lawsuits if our marriages are not respected in other states or by the federal government?
If you feel you have been discriminated against, please contact one of the LGBT legal organizations listed on this document. We can help you figure out what options you have to protect your rights. Some types of unfair treatment can be the basis of a lawsuit, and other times the unfairness may not be suitable for a court to address. Even when litigation is an option, it is not the only option. It is always necessary to weigh the chances of success or failure because bad results in lawsuits can cause set backs and hurt our entire community. We want to increase the chances of winning overall, so it is critical that we work together to have a carefully planned strategy. Together, we can win!
What do we have to do to marry in California?
First you need to get a marriage license from the office of the Registrar-Recorder/County Clerk of any California county. You can get a license application from most counties’ websites and complete it in advance, or complete it in the county clerk’s office. Both of you must go together to the county office and present a government-issued picture ID and proof that you are over 18 years old. (If either or both is younger than 18, different procedures apply.) You’ll need to pay the license fee, which varies by county but generally is less than $100. The license will be valid for 90 days and your marriage can be performed anywhere in California. Neither a blood test nor a health certificate is required. Call ahead or visit the county’s website to learn the hours and locations of the county offices that issue licenses.
Who can marry us?
In California, clergy members, active and retired judges and court commissioners, and the Commissioner and Deputy Commissioners of Civil Marriages are authorized to perform legal marriages. The Commissioner and Deputy Commissioners of Civil Marriages perform marriage ceremonies by appointment at designated county offices. There is a fee, which generally is less than $50. Call ahead or visit the county website for more information.
Any couple wishing to marry can also have a friend deputized to perform their marriage ceremony through a county “Deputy Commissioner for a Day” program. If you choose this option, you will need at least two months advance notice and the person to be deputized to perform your ceremony will have to pay a fee and visit the county office in person to be sworn in. Visit the county website to see if your county has this program. If it does not, check whether a nearby county will deputize an out-of-county resident.
The person who performs your ceremony must complete and sign your marriage license after the ceremony. In addition, at least one witness 18 years old or older must sign the marriage license.
The license then becomes your marriage certificate, which has to be returned promptly to the county for filing.
What happens if we marry in California and then wish to divorce?
The only legal way to end a marriage is to get a divorce. If you marry in California and live in California, you can divorce by filing a petition with a California court. However, if you move to another state, or if you already live in another state, getting a divorce could be difficult. Currently, the only state other than California in which same-sex married couples have an established right to divorce is Massachusetts; however, Massachusetts has a one-year residency requirement before a person can petition a Massachusetts court for a divorce. States with civil unions or comprehensive domestic partnerships, like Connecticut, New Hampshire, New Jersey, Oregon, and Vermont, may also allow married same-sex couples to divorce, but those states also have one-year residency requirements. That means that at least one spouse must be a resident of the state for a year prior to the divorce.
Couples who are unable to obtain a divorce remain legally married. Therefore, being unable to divorce may cause serious legal problems and complications for same-sex couples who find themselves in this situation.
Could right-wing forces take away the freedom to marry at the ballot box in California?
Yes. Because the court based its decision on rights guaranteed by the California Constitution, right-wing groups are trying to amend our state Constitution to eliminate these fundamental constitutional protections and take away the basis for the decision.
These groups, which have received significant funding from out-of-state right-wing organizations, are placing an initiative on the November 2008 ballot that will ask voters to amend the California constitution to reverse the court’s decision and deny gay and lesbian couples the freedom to marry.
Already, many state leaders are expressing their opposition to this proposed constitutional amendment. For example, in a public statement on April 11, 2008, Governor Schwarzenegger stated that an initiative to amend the California Constitution to ban gay and lesbian couples from marriage was “a waste of time,” adding “I will always be there to fight against that. It will never happen.”
We agree with Governor Schwarzenegger that these outsiders are wasting their time and money trying to turn California into a state that would use its Constitution to take away civil rights and hurt families.
Cabana:
The court just put their endorsement on this abherrant (sic) lifestyle. I am tired of the gays saying "don't impose your lifestyle on us." No, you people should not impose your morality on us.
Rock over London!! Rock on Chicago!! Taco Cabana, the original Mexican Patio Cafe!!
Does the Bible address the issue of marriage?
Yes, in Genesis chapter one: "27 So God created man in His own image; in the image of God He created him; male and female He created them. 28 Then God blessed them, and God said to them, "Be fruitful and multiply; fill the earth and subdue it; have dominion over the fish of the sea, over the birds of the air, and over every living thing that moves on the earth."
And in Genesis chapter two: "20 So Adam gave names to all cattle, to the birds of the air, and to every beast of the field. But for Adam there was not found a helper comparable to him. 21 And the Lord God caused a deep sleep to fall on Adam, and he slept; and He took one of his ribs, and closed up the flesh in its place. 22 Then the rib which the Lord God had taken from man He made into a woman, and He brought her to the man. 23 And Adam said: "This is now bone of my bones And flesh of my flesh; She shall be called Woman, Because she was taken out of Man." 24 Therefore a man shall leave his father and mother and be joined to his wife, and they shall become one flesh."
Does the Bible address the issue of homosexuality?
Yes, in Romans chapter one [which is in the New Testament!]
"22 Professing to be wise, they became fools, 23 and changed the glory of the incorruptible God into an image made like corruptible man--and birds and four-footed animals and creeping things.
[think evolution] 24 Therefore God also gave them up to uncleanness, in the lusts of their hearts, to dishonor their bodies among themselves, 25 who exchanged the truth of God for the lie, and worshiped and served the creature rather than the Creator, who is blessed forever. Amen.
26 For this reason God gave them up to vile passions. For even their women exchanged the natural use for what is against nature [think pornography]. 27 Likewise also the men, leaving the natural use of the woman, burned in their lust for one another, men with men committing what is shameful, and receiving in themselves the penalty of their error which was due.
[think homosexuality, but it gets much worse]
28 And even as they did not like to retain God in their knowledge, God gave them over to a debased mind, to do those things which are not fitting; 29 being filled with all unrighteousness, sexual immorality, wickedness, covetousness, maliciousness; full of envy, murder, strife, deceit, evil-mindedness; they are whisperers, 30 backbiters, haters of God, violent, proud, boasters, inventors of evil things, disobedient to parents, 31 undiscerning, untrustworthy, unloving, unforgiving, unmerciful;
[think of the daily news] 32 who, knowing the righteous judgment of God, that those who practice such things are deserving of death, not only do the same but also approve of those who practice them." [think about the previous post]
Hope this helps folks understand just how serious this court decision really is.
John