Calif. Supreme Court Strikes Down Gay Marriage Ban

[Rick336]

Calif. Supreme Court Strikes Down Gay Marriage Ban
by 365Gay.com Newscenter Staff
http://www.365gay.com

Posted: May 15, 2008 - 1:10 pm ET

(San Francisco, California) The California Supreme Court ruled Thursday that Prop 22, the voter approved initiative used to block same-sex marriage is unconstitutional.

The 4-3 ruling paves the way for gay and lesbian couples to marry.

Large crowds began gathering outside the court early Thursday morning.

The case dates back to 2004 when San Francisco mayor Gavin Newsom began issuing marriage licenses to same-sex couples. Some 8,000 couples exchanged vows before the state Supreme Court ruled Newsom had acted illegally.

The court nullified the marriages but said its ruling dealt only with Newsom's actions. The justices said at the time the question of whether barring same-sex couples from marrying violated the state's equal protection clause of its constitution was a separate matter.

Legal challenges on the constitutional question were begun almost immediately. Three separate suits ultimately were wrapped together into a single case.

In March 2005 a Superior Court judge in San Francisco ruled that the law denying same-sex marriage was unconstitutional.

"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," County Superior Court Judge Richard Kramer said in a written ruling.

In striking down the state ban on same-sex marriage Kramer wrote that the state's historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.

Kramer stayed his ruling while the state appealed.

In October, 2006, the California Court of Appeal in a split decision overturned Kramer's ruling and the case was appealed to the Supreme Court.

Thursday's ruling sets the stage for a battle over a proposed constitutional amendment to ban gay marriage that is likely to appear on the November ballot.

A coalition of conservative groups, under the banner 'Protect Marriage' , have submitted more than required 694,354 signatures to qualify. The signatures are being verified.

Last month, Gov. Arnold Schwarzenegger said that if an initiative to ban gay marriage qualifies for the November ballot, he's prepared to fight it.

He made the commitment at a convention of Log Cabin Republicans, the nation's largest gay Republican group.

Schwarzenegger has previously vetoed bills that would have legalized gay marriage. Both times Schwarzenegger said that the courts or the people through a plebiscite should decide the issue.

©365Gay.com 2008

http://www.365gay.com

[Zerbie]

Way to go, California!!

[keltic63]

would it be appropriate to dance now????? :appl ause:

[Emproph]

Originally Posted by keltic63

would it be appropriate to dance now????? :appl ause:

And if so, what more appropriate way to celebrate Falwell's one year passing?

[Rick336]

More news on this at 365gay.com

http://www.365gay.com/Newscon08/05/051508rxn.htm

[Daniel]

Here is the link to the NYTimes article and the PDF of the decision.

http://www.nytimes.com/2008/05/16/us...rriage.html?hp

The decision:

http://www.courtinfo.ca.gov/opinions...ts/S147999.PDF


Now......can NY be far behind? Hope not.

[keltic63]

Originally Posted by Daniel

Now......can NY be far behind? Hope not.

NY or NJ??? which one will get to full marriage equality first?

[Rick336]

Washington Blade Editor Kevin Naff wrote a great editorial on the win in California saying "[Today is ] a day to celebrate. Not just the massively important win in California, but the arrival of a new day in the gay rights movement for the entire country."

Here's the link: http://www.washblade.com/blog/index.cfm?blog_id=18304



Rick

[BruceChris]

Although it may take a few more years before all of us can file joint federal income tax returns. Cause for celebration!

Namaste', Bruce Chris

[tpdncr4christ]

Now does this mean that it is legal for one man to marry another, or is it just no longer illegal...?

[scott snedeker]

The world just became a kinder place today! This is proof that there are more open and fair hearts today than ever. Humanity is destined for the evolution of sensibility over hate! This is a great day to be alive because we all win when love wins!

[antonyh]

Yiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiipppppppppppppppppeeeeeeeeeeeeeeeeeee

Does that count as an appropriate comment.

[Zerbie]

Originally Posted by antonyh

Yiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiipppppppppppppppppeeeeeeeeeeeeeeeeeee

Does that count as an appropriate comment.

Pretty appropriate. And to your yippeeeeee, I add a little bit of:
::ag ree::earth :

and about ten billion:

[andrewlittle]

One of the links, sometimes barely visible, between Soulforce and Church Within A Church is Gil Caldwell. This is what Gil had to say as reported by CWAC newsletter:

The decision of the California Supreme Court to recognize the mariage of Troy D. Perry and Phillip Ray De Blieck, a same gender couple, is one of those rare victories for persons who label themselves or are labeled by others, Conservatives, Moderates or Liberals. Today, wherever a person is on the Conservative to Liberal spectrum, they are able to applaud together, a state Supreme Court decision.

Why do I suggest this? Since November 25, 2003 I have taken from place to place an op-ed article written by one of my favorite politcal writers, David Brooks. On that day, the New York Times published an article by Brooks, titled; "The moral case for gay marriage". Among the things David Brooks wrote are these;

"Marriage joins two people in a sacred bond. It demands that they make an exclusive commitment to one another and thereby takes two discrete individuals and turns them into kin....Today marriage is in crisis...

Marriage is in crisis because marriage, which relies on a culture of fidelity, is now asked to survive in a culture of contingency...You would think that faced withe the marriage crisis, we conservatives would do everything in our power to move as many people as possible from the path of contingency to the path of fidelity. But instead, many argue that gays must be banished from matrimony because gay marriage would weaken all marriage...The conservative course is not to banish gay people from making such commitments. It is to expect that they makes such commitments. We shouldn't just allow gay marriage. We should insist on gay marriage. We should regard it is scandalous that two people could claim to love each other and not want to sanctify their love with marriage and fidelity."

I have not understood why some groups, church groups and others, are able to affirm the presence, participation, expertise and professional and economic contributions of Gay persons in their communities and organizations, yet stand in the way of their right to participate in marriage or civil unions. Gay marriages or Unions do not weaken heterosexual marriages, rather they contribute to the strengthening of marriage. Brooks in his article says, "Nearly half of all marriages end in divorce".

Now that the California Supreme Court has spoken, may the Church and the state, say "Amen!"


Gilbert H. Caldwell,
A retired United Methodist Minister

[keltic63]

Originally Posted by andrewlittle

One of the links, sometimes barely visible, between Soulforce and Church Within A Church is Gil Caldwell. This is what Gil had to say as reported by CWAC newsletter:

that is one of the very arguments that Jonathan Rauch expounds upon in his book Gay Marriage: Why it is Good For Gays, Good for Straights, and Good for America.

Not only does it insist on fidelity, but also in caretaking which then reduces the burden on society to care for individuals, but could save corporations money by making benefits contingent on being married (gay or straight, you want the bennies? get hitched!) no more granting health insurance and other benefits based on the whims of people who wish to shack up. Demanding that gays and lesbians get married levels the field, and eliminates the need for that gray area known as civil unions and domestic partnerships.

[royalartisan]

All my friends were like "HEY, YOU CAN GET MARRIED NOW !! GO YOU !"

And I was like...yep....

A little young, though, eh? Aha ! XD

[tdogg]

Originally Posted by u-dog

Anywho... I only mention this because it struck me that 7% is also approximately the percentage of the population that is gay. Maybe its a fairer fight than we thought? We are as capable of bringing the "middle 86%" to our side as they are.

The news clip tonight had a informal 'poll' I'm assuming taken from the general public in the Sacramento area after the decision was announced. The poll reports approx. 37% of those polled are in favor of same sex marriage. About 26% opposed same-sex marriage but were in favor of domestic partnerships. Another 37% opposed anything for same-sex couples.

This is just an informal poll, taken locally, but gives us an early indication that it may indeed be a close call come November. Still, this supreme court decision is HUGE. Now, I say let the CA GLBTs get married before November, give folks a few months to get used to the sky not falling upon them, and perhaps it will help turn the tide. Exciting times!!!

[Gennee]

Originally Posted by keltic63

NY or NJ??? which one will get to full marriage equality first?

NJ will most likely get equality first. Too much red tape and egos here in NY.

Gennee

[royalartisan]

I told my sister's boyfriend and he didn't believe me....and then he got all pissed off about it and said it's against everything he believes....and I was like, "since when do you believe in anything? and why do you even care, it's not like it affects you?" and he repeated his lame comment and added that "it's a decision" and...and I was like..Whatever. You suck. Go away. Nobody likes you. Jerk. Ignorant, Halo-obsessed homophobe.

Stupid people aggravate and yet amuse at the same time.

What dumbass still thinks it's okay to infringe on my rights. Call it whatever you like, as long as I get the rights I'm entitled to as an American.

[antonyh]

Originally Posted by Zerbie

Pretty appropriate. And to your yippeeeeee, I add a little bit of:
::ag ree::earth :

and about ten billion:

I like all your happy gizzmo's better