Gay Marriage Ruling Launches a Larger Fight By Christopher Lisotta
May 15, 2008
After months of waiting, Jon Davidson, legal director for Lambda Legal, finally heard what he was hoping to hear from the California Supreme Court. On May 15 the court came out with its highly anticipated ruling on legally recognized marriage for same-sex couples and delivered what Davidson called "totally a home run."
The 4-3 decision, which consolidated six appeals under the case referred to as In re Marriage Cases, found that same-sex couples are equally entitled to the right to get married and are covered under the State Constitution's equal protection clause. Stemming from the 2004 Valentine's Day marriage ceremonies performed by the City of San Francisco, the decision agrees with a state trial court ruling and overturns a California Court of Appeals 2-1 decision.
This means California will join Massachusetts in recognizing same-sex marriages, a step marriage-equality activists say is a huge leap for LGBT rights across the nation.
Calling the 121-page decision "an incredibly powerful case rebutting all the arguments used against us," Davidson said the California Supreme Court is well respected but hardly liberal. Three of the four members who joined the majority decision were appointed by Republican governors, he noted.
Bradley Sears, director of the Williams Institute at the UCLA School of Law, said the decision is unique because the court went beyond the concept that government can't interfere with individual rights by ruling that "government has to do something positive to affirm it." Sears also explained that the decision allows same-sex couples from other states to come and get legally married in the Golden State, something they are prevented from doing in Massachusetts. "You can expect a lot of travel to California in the next few months," Sears predicted.
Long before the ruling, California was on the forefront in terms of legal recognition for same-sex couples. In 1999 the state legislature passed and then-Governor Gray Davis signed a law establishing a modest domestic partnership program, which was subsequently expanded to include virtually all of the rights afforded to legally married couples, including the ability to file state tax returns jointly. In 2005 and 2007 the legislature passed bills to recognize marriages between same-sex couples, but Governor Arnold Schwarzenegger vetoed both bills. .......(more)
The complete piece is at:
http://www.thenation.com/doc/20080602/lisotta
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