SSM Now The Law in California

[rmthunter]

The second state to legalize same-sex marriage: the California Supreme Court handed down its decision this morning. From NYT.

The California Supreme Court, striking down two state laws that had limited marriages to unions between a man and a woman, ruled Thursday that same-sex couples have a constitutional right to marry.

The court’s 4-to-3 decision, drawing on a ruling six decades ago that struck down the state’s ban on interracial marriage, would make California only the second state, after Massachusetts, to allow same-sex marriages.

The decision, which becomes effective in 30 days unless the court grants a stay, was greeted with celebrations at San Francisco City Hall, where thousands of same-sex marriages were thrown out by the courts four years ago. It was denounced by religious and conservative groups, who pledged to support an initiative proposed for the November ballot that would amend California’s constitution to ban same-sex marriages and overturn the decision.

I haven't had time to read the full opinion (text here (pdf)), but it seems to be pretty well constructed. The important part is that the court recognized the importance of the term "marriage" and considered it part of the benefits of the institution, which is should have some influence on other cases. It's also worth noting that the Cal court relied on Perez vs Sharp, the interracial marriage case from 1948 that struck down California's miscegenation law.

Given that the legislature has twice passed bills legalizing SSM, and the Governator, although he vetoed the bills pending outcome of the court case, opposes a constitutional amendment, it will be interesting to see how this plays out.

In other news, rumor is that there's a good chance civil unions legislation will pass in Illinois this year. Americans for Truth About Homosexuality, Peter LaBarbera's new organization, failed to get enough signatures to put an anti-marriage amendment on the ballot for the second time. This year, they didn't even bother to file.

And anti-gay conservatives in Arizona, which defeated an anti-marriage amendment in 2006, are trying again, even though there doesn't seem to be much enthusiasm for the measure.

[theworm[$]]

good.

[hadassahchana[$]]

[lynnzop[$]]

[lynnzop[$]]

Just read that Ellen DeGeneres is announcing her pending marriage on her show today.

[rmthunter]

The anti-gay, "pro-marriage" forces are going to ask for a stay, since they've got another ballot referendum up to amend the California constitution. It's going to be a battle.

[frazzledspice]

At some point this will have to be settled on the federal level, because unless a marriage is recognized in all 50 states there could be problems down the road for many couples.

In my state (Arkansas) there have been bills introduced to prevent gay families from adopting or becoming foster parents. So what would happen if a gay couple from California (with a child) was transferred to Arkansas? (Believe it or not, we have tons of ex-Californians here, drawn by the fact they can sell their hugely overpriced homes, buy an acreage, invest the difference and retire.)

Of course, this is a problem with many laws, but some can create more interstate problems for people than others.

If a constitutional amendment goes on the California ballot, I hope it doesn't happen this November. One of the reasons why Democrats lost in 2004, I believe, were all the same-sex marriage ballot issues that brought out the social conservatives to vote.

[mjfrombuffalo[$]]

Generally, adoptions finalized in one state are recognized by other states regardless of their own foster/adoptive parent licensing laws. In fact, I don't know of any states that nullify adoptions when a family moves to their state.

[rmthunter]

I'm not so sure about the conservatives flocking to the polls in November, especially in California. They seem to be lukewarm about McCain at best, and Obama (assuming he is the nominee) is very strong among younger voters, who are the ones most likely to vote against an anti-marriage amendment. If they actually get out and vote, and I think they might.

These things are starting to lost steam over the country -- I just learned that the group pushing the amendment in Maine appears to be giving up, and I think I mentioned that the Illinois group didn't even file their petitions -- not enough signatures, and that's including the ones that are almost certainly bogus. Arizona already defeated one, although conservatives there are trying again -- apparently two legislators are sponsoring and amendment even their own constituents don't want, so it will be interesting to see how that goes.

I think the social conservatives had their window, people are wising up, and even a significant portion of the evangelical movement is wanting to spend more time and effort on feeding the hungry and stewardship of Creation rather than gay-bashing.

[caravan70]

The latest Los Angeles Times/KTLA-TV poll has the amendment at this point passing, I believe by only a 54% margin. That's good news in a way, because opponents have the chance over the next few months to make their case to the public and show that (if, as one hopes, the California Supreme Court doesn't issue a stay of the opinion) gay couples can marry, live, laugh and learn together and society won't break down.

It was a great day for equality when the Court handed down its decision. Let's hope it holds up and won't fall at the hands of those who hate.

[mjfrombuffalo[$]]

Hey, welcome back!

[rmthunter]

We're down to dueling polls again. The latest one says a majority in California supports same-sex marriage, while a smaller majority opposes the proposed amendment.

From 365gay.com:

More California voters now support allowing same-sex marriage than oppose it, according to a new poll released Wednesday.

The results mark the first time in over three decades of polling that more California voters have approved of extending marriage to gay couples than have disapproved, said Field Poll director Mark DiCamillo. The survey of 1,052 registered voters was conducted over the phone.

"I would say this is a historic turning point or milestone," DiCamillo said. "We have speculated in the past there would be some time in the future when a majority would support same-sex marriage. Well, the lines have crossed."

The poll found that 51 percent of respondents backed legalizing same-sex marriage and 42 percent opposed it, DiCamillo said.

[rmthunter]

The California Supreme Court has declined to stay implementation of its ruling. Same-sex marriages begin in California on the morning of June 17, although the city of San Francisco has asked for permission to begin issuing licenses at 5:01 pm on the 16th.

[rmthunter]

Just ran across this archive at NYT: articles from NYT and other sources on same-sex marriage, domestic partnerships and civil unions, with links. Pretty exhaustive.

[MrsNormanMaine[$]]

Tommy and I are thinking of using this window of opportunity. Not that it will be honored in Alabama. It would be fun, however, to present the University with a marriage license and then make them defend their not honoring it in regards to benefits.

MNM

[Helen_B[$]]

Could be entertaining to see them talk their way around it.

[hymie[$]]

SSM is going to destroy OSM. It's already started: http://www.nytimes.com/2008/06/13/us/13marriage.html

[rmthunter]

She's getting so much grief over this it's not even funny any more. From Box Turtle Bulletin:

Anti-gay Kern County Clerk Ann K. Barnett is making no friends in Bakersfield. She’s royally annoyed the local Channel 29 Eyewitness News by denying them the ability to videotape where they had in the past and then calling the police on them. And she’s infuriating the local County Counsel by stubbornly refusing to follow his legal advice and to cooperate with media.

She’s refering everyone to the Alliance Defense Fund.

There’s no question that Barnett is anti-gay. But she’s also just not very bright. Every time she opens her mouth the local news shows that she’s lying. Check out the articles and the two video Eyewitness News reports.

There's a listing of previous posts on this as well as links.