Gay marriage ban overturned in Calif.

by Rob Peters | May 15, 2008 at 02:11 pm | 534 views | 13 comments

A huge victory for the gay rights movement today.

SAN FRANCISCO (AP) -- In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the nation's biggest state to tie the knot.

Domestic partnerships are not a good enough substitute for marriage, the justices ruled 4-3 in an opinion written by Chief Justice Ron George.

Outside the courthouse, gay marriage supporters cried and cheered as news spread of the decision.

"Our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation," the court wrote.

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted San Francisco's monthlong same-sex wedding march.

"Today the California Supreme Court took a giant leap to ensure that everybody - not just in the state of California, but throughout the country - will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.

Some more information for context:

Here is a look at laws on gay marriage and same-sex civil unions in the United States:

+ Massachusetts is the only U.S. state to allow gay marriage. Its highest court ruled in 2003 that a ban on gay marriage was unconstitutional, paving the way for America's first same-sex marriages the following year.

+ Connecticut, New Hampshire, New Jersey and Vermont permit same-sex civil unions that grant largely the same state rights as married couples -- from insurance coverage to tax benefits and hospital visiting rights -- but lack the full, federal legal protections of marriage.

+ California, Maine, the District of Columbia, Hawaii and Washington each offer gay couples some legal rights as partners.

+ Currently, 45 states have laws explicitly prohibiting same-sex marriage, including 26 with constitutional amendments restricting marriage to one man and one woman and 19 with statutory laws barring same-sex unions.

+ The patchwork of laws has caused some unusual complications. Rhode Island's top court, for example, ruled in December 2007 that a same-sex couple married in Massachusetts could not legally divorce in Rhode Island, saying the state's family court did not have authority over same-sex marriages.

+ Massachusetts currently allows out-of-state same-sex couples from just two states -- Rhode Island and New Mexico -- to marry there, since those states' laws do not clearly prohibit gay marriage.

+ More than 8,000 same-sex couples have married in Massachusetts.

+ The U.S. Supreme Court has not taken a case on gay marriage, leaving states to decide the issue.

+ The Arizona House of Representatives voted 33-25 on May 13 to put a proposed constitutional amendment to prohibit same-sex marriage on the statewide ballot in November.

And for even more information, check out a longer list of related milestones here.

Add a comment Comments (13)

davidharben

The Atlanta Gay Pride Parade in June 2007 featured this float supporting gay marriage.

davidharben has contributed a photo to this story.

Shadowgwm

This was Sweetest Day Oct 19, 2002, when we got married, Greg(me) on left, Bryan on right. We've been together since December 2000.

Shadowgwm has contributed a photo to this story.

Jarrett Martineau
good stuff:

Rob Peters, I like this story. It's good stuff.

laurakaz

My partner and I live in Minnesota, U.S., where same-sex marriage is not allowed. We decided to get married in Thunder Bay, Ontario, Canada so that our relationship would be legally recognized somewhere. We hope to be able to do the same here at some point.

laurakaz has contributed a photo to this story.

Rita Crane Photography

My friends (see photo of them that I posted) Laurie and Carmen had this to say about today's historic court ruling:


"We are heartened by the California Supreme Court's decision to treat our
relationship with equality.  This is an encouraging state victory, and yet
we are still denied the 1,138 rights, benefits, and protections that come
with federally sanctioned marriage.  We will continue this journey to
justice until same-sex couples are treated equally in every state and in the
eyes of the federal government."

Laurie York and Carmen Goodyear
Co-Directors of the Documentary,
"Freedom To Marry"
http://www.freedomtomarry.tv

azzayindia
good stuff:

Rob Peters, I like this story. It's good stuff.

David Stas

In 1996, in the backyard garden of our Seattle house, we stood before family and friends and declared out love.

David Stas has contributed a photo to this story.

Poes In Boots

Congratulations to California on this great decision. It is about time same-sex couples stop being relegated to second class citizen status by one of the greatest states in the US.

Poes In Boots has contributed a photo to this story.

Rhonda J Mangus
good stuff:

Rob Peters, Way to go, California!!!:)

afterhoursdj

afterhoursdj has contributed a photo to this story.

Rita Crane Photography

A historic ruling.  Bravo for all involved!



Rita Crane Photography has contributed a photo to this story.

MostlyFlowers

Two beautiful brides :)

MostlyFlowers has contributed a photo to this story.

biblioptq

Thanks to the Massachusetts courts and legislators, we were able to be married there, in Provincetown, last month. Thanks to Rhode Island Attorney General Patrick Lynch, our marriage is recognized in Rhode Island. We're very excited about the California decision and send best wishes to all the couples who will be wed in California beginning on June 17th.

biblioptq has contributed a photo to this story.

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May 15, 2008 at 02:11 pm by Rob Peters, 534 views, 13 comments

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Jarrett Martineau
First Flagged at 9:27 PM, May 15, 2008 by Jarrett Martineau
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