BREAKING: State Ban On Gay Marriage Overturned
Posted by: Mighty Thor | 05/15/2008 11:46 AM
From The San Diego Union-Tribune:
State Ban On Gay Marriage Overturned
The state Supreme Court struck down California's law banning same sex couples from getting married, in a historic decision Thursday that declared the law unconstitutional discrimination.
The decision will surely touch off an impassioned political fight.
The 4-3 opinion is the high court's most important civil rights decision in more than a decade, and it is an epic legal victory for same-sex marriage advocates. California is now the second state in the nation to allow gays and lesbians to be legally married.
In a 121-page decision, Chief Justice Ronald George wrote that for a variety of reasons "we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."
In dissent, Justice Marvin Baxter said the state constitution does not give same-sex couples the legal right to marry and the court was overstepping its authority.
"In reaching this decision, I believe, the majority violates the separation of powers and thereby commits profound error," Baxter wrote. He was joined by Justice Ming Chin, along with Baxter the court's strongest conservative voices.
Justice Carol Corrigan wrote a separate opinion siding with Baxter and Chin for different reasons.
The majority opinion rejected arguments that legalizing marriage for same sex couples would undermine the institution of marriage itself.
The court also disregarded the pleas from lawyers for the state defending the law who argued any change in the definition of marriage should come from the legislature and not the courts.
Advocates for same-sex marriage had argued the law was unconstitutional because it discriminates on the basis of gender and sexual orientation. They also said it denied gays and lesbians equal protection of the laws and violated their right to privacy, freedom to associate and the right to marry the person of their choosing.
The opinion came two months after an extraordinary 3½-hour session of oral arguments, in which the seven-member court seemed closely divided on the issue.
A group of men sitting outside Dave's Coffee Place in Hillcrest Thursday morning were surprised to hear of the ruling. Some said marriage carries more practical than emotional significance for the gay community, but they praised the ruling.
"At least we're moving forward," Michael Hogan said.
State Ban On Gay Marriage Overturned
The state Supreme Court struck down California's law banning same sex couples from getting married, in a historic decision Thursday that declared the law unconstitutional discrimination.
The decision will surely touch off an impassioned political fight.
The 4-3 opinion is the high court's most important civil rights decision in more than a decade, and it is an epic legal victory for same-sex marriage advocates. California is now the second state in the nation to allow gays and lesbians to be legally married.
In a 121-page decision, Chief Justice Ronald George wrote that for a variety of reasons "we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."
In dissent, Justice Marvin Baxter said the state constitution does not give same-sex couples the legal right to marry and the court was overstepping its authority.
"In reaching this decision, I believe, the majority violates the separation of powers and thereby commits profound error," Baxter wrote. He was joined by Justice Ming Chin, along with Baxter the court's strongest conservative voices.
Justice Carol Corrigan wrote a separate opinion siding with Baxter and Chin for different reasons.
The majority opinion rejected arguments that legalizing marriage for same sex couples would undermine the institution of marriage itself.
The court also disregarded the pleas from lawyers for the state defending the law who argued any change in the definition of marriage should come from the legislature and not the courts.
Advocates for same-sex marriage had argued the law was unconstitutional because it discriminates on the basis of gender and sexual orientation. They also said it denied gays and lesbians equal protection of the laws and violated their right to privacy, freedom to associate and the right to marry the person of their choosing.
The opinion came two months after an extraordinary 3½-hour session of oral arguments, in which the seven-member court seemed closely divided on the issue.
A group of men sitting outside Dave's Coffee Place in Hillcrest Thursday morning were surprised to hear of the ruling. Some said marriage carries more practical than emotional significance for the gay community, but they praised the ruling.
"At least we're moving forward," Michael Hogan said.
CATEGORY:
California Politics
Remember this in 2 weeks and the fact that the majority decision parallels the City's amicus brief favoring same sex marraige that had Mayor Sander's signature. Both focused on equal protection arguments and the lack of compelling state interest in creating two seperate institutions (i.e. marriage and d. partnerships).
And it's a great day to be alive
I know the sun's still shining when I close my eyes
It's hard times in the neighborhood
But why can't everyday be just this good
A great day indeed. All Republicans should be in favor of equal protection under the law. Afterall, California is supposed to be a state of laws and not men, much like our federal government.
Any ruling that protects our civil liberties is a good ruling for all Americans.
That's what ammeding the Constitution is all about. This will create a backlash of huge proportion. Even, the apathetic will role out for this election. We need to support candidates that mirror our core values. Wait Until November...We can fix this...As for June 3rd, we need to support traditional family candidates like Kim Tran in the 76th and vote for them. Pro Gay marriage candidates have to be stopped now.
Tom
Finally, I can marry my adult consenting brother. No? Well, can I at least marry my two consenting girlfriends? No?
Fact is marriage between one man and one woman is essential to the foundation of our society, for biological, social, and economic reasons.
People are free to do as they please, but "Don't ask, don't tell" should be our general policy as a society.