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Same-Sex Marriage is Legal in California! |
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Written by Alex Cho
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Thursday, 15 May 2008 |
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 Woot! The decision just happened. The California Supreme Court decided 4-3 to overturn the state's ban and allow same-sex marriage. It takes effect in 30 days. This is big, I repeat: GAY PEOPLE CAN GET MARRIED IN CALIFORNIA.
Towleroad has excerpts from the ruling, which explicitly favors the use of the term "marriage."
There's always a catch, however. Conservative groups have been pushing for an initiative that would oppose same-sex marriage on the November ballot, which would overturn this ruling. (How that makes constitutional sense, I don't know.) However, that initiative does not address marriages performed from now until then...meaning, this summer will be the summer of wedding bells, for sure! (They'll probably be contested in court, but better safe than sorry, right?)
Wedding planners up and down the Golden State are preparing to kick it into overdrive as I type...
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written by Remy D on May 15, 2008
Marriage is not legal here...yet. The ruling only overturns the ban and declares it unconstitutional. The Legislature has to pass a law and Schwarzenegger has to sign it for it to be legal. A battle has been won but the war IS NOT OVER. So dig your heels in girls, the Huns are at the gate and they are foaming mad!
written by Tom J on May 16, 2008
This is really confusing. This is an excerpt for an LA Times articles that implies gay marriage will be LEGAL in a month:
Pugno and several other attorneys plan to file motions with the Supreme Court within the next 15 days requesting that the judges postpone the date their ruling takes effect (in 30 days) until after the November election, said Mathew Staver, founder of Liberty Counsel, the Orlando, Fla.-based public interest law firm that argued the case before the Court of Appeals and the Supreme Court.
Otherwise, he said, judges statewide could start performing same-sex marriages before the proposed ballot initiative went before voters. Although about 40 states have passed laws barring same-sex marriage, couples from states that have not could come to California to wed, "importing" those marriages back to their home states. And all of those unions could end up in legal limbo if the ballot initiative passes, Pugno said.
"The question is whether the court will acknowledge that this is going to be on the ballot in November and stay its hand," Pugno said. "It's really to no one's benefit to legalize same-sex marriage for four months if the voters are ultimately going to amend the Constitution. That would just create chaos and great uncertainty about the status of those marriages."
written by Alex on May 16, 2008
Thanks for the comments! It is quite confusing, indeed. I did a bit more research, hopefully this clears some issues up:
The legislature in fact does not have to pass a law, nor does the Governor (who has declared his support for this ruling) have to sign anything. This is a court ruling, and the ruling will go into effect on June 14. It will become law.
Representatives for conservative groups, such as the one quoted in the LA Times article Tom J mentions, are pushing for a stay until the election in November. In that case, yes, gay people will not be allowed to marry. However, it is solely up to the discretion of the Court to postpone their ruling. (Something tells me they won't...but that's just me being hopeful.)
Another common comment I have heard in passing: It'll just go on to the US Supreme Court. In fact, it won't, for the same reason it didn't in Massachusetts -- this is a state matter. The US Supreme Court may intervene in cases involving the legality of marriages across state lines (Defense of Marriage Act), but that still would not nullify the CA Court's decision.
What we need to be concerned about - as Remy points out - is that this is not the end of the fight; the CA election in November allows for a constitutional amendment that would overturn this decision. If that happens, then there is a possibility that the battle between the CA court decision and the voter decision could end up in front of the US Supreme Court -- which is why it is so important to elect a President who is on our side, for they will be responsible for appointing justices. (And Dubya's record of Supreme Court appointments is horrific for gay rights.) Also, further down the line, is the alternate possibility of a federal constitutional amendment that would outlaw same-sex marriage for the entire country.
written by John on May 21, 2008
My name is John, a Texas republican lol!Back when I was 17 in 2004 when massachusetts legalized the marriages I hated it!Im 21 now and I dont know if its the college influence but Im alot more tolerant now!However I still dont think same-sex marriage is a good idea. Civil Unions I guess or ok!No i'm not a hate monger either lol!Ive met some cool gay people,John
written by Velvet Rope Special Events on June 11, 2008
..and as I type. www.vrspecialevents.com