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California’s gay marriage decision will reverberate

May
15

Certainly, the California Supreme Court’s decision today to overturn a ban on gay marriage will be of great interest to the world of religion.

Many will rue the day; others will rejoice.

Many will say the decision ignores the country’s Judeo-Christian traditions (not to mention the Bible); others will say that the decision is prophetic and offers equality to some more of God’s children.

Here’s the AP story:

By LISA LEFF
Associated Press Writer

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 striking down the ban.

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

Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, and asked, “Pali, will you marry me?”

“This is a very historic day. This is just such freedom for us,” Rizzo said. “This is a message that says all of us are entitled to human dignity.”

In the Castro, historically a center of the gay community in San Francisco, Tim Oviatt started crying while watching the news on TV.

“I’ve been waiting for this all my life,” he said. “This is a life-affirming moment.”

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted the monthlong wedding march that took place when Mayor Gavin Newsom opened the doors of City Hall to same-sex marriages.

“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.

The challenge for gay rights advocates, however, is not over.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution.

The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures to qualify the marriage amendment, similar to ones enacted in 26 other states.

If voters pass the measure in November, it would trump the court’s decision.

California already offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support.

But, “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,” Chief Justice Ron George wrote for the court’s majority, which also included Justices Joyce Kennard, Kathryn Werdegar and Carlos Moreno.

In a dissenting opinion, Justice Marvin Baxter agreed with many arguments of the majority but said the court overstepped its authority. Changes to marriage laws should be decided by the voters, Baxter wrote. Justices Ming Chin and Carol Corrigan also dissented.

The conservative Alliance Defense Fund says it plans to ask the justices for a stay of their decision until after the fall election, said Glen Lavey, senior counsel for the group.

Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would’ve granted marriage rights to same-sex couples, said in a news release that he respected the court’s decision and “will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”

The last time California voters were asked to express their views on gay marriage at the ballot box was in 2000, the year after the Legislature enacted the first of a series of laws awarding spousal rights to domestic partners.

Proposition 22, which strengthened the state’s 1978 one-man, one-woman marriage law with the words “Only marriage between a man and a woman is valid or recognized in California,” passed with 61 percent of the vote.

The Supreme Court struck down both statutes with its sweeping opinion Thursday.

Lawyers for the gay couples had asked the court to overturn the laws as an unconstitutional civil rights violation that domestic partnerships cannot repair. A trial court judge in San Francisco agreed with gay rights advocates and voided the state’s marriage laws in April 2005. A midlevel appeals court overturned his decision in October 2006.

This entry was posted on Thursday, May 15th, 2008 at 3:26 pm by Gary Stern.
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One Response to “California’s gay marriage decision will reverberate”

  1. joan martin

    In terms of my earlier response to the refusal of the woman priests to upset the status quo, the above article has gone from the sublime to the ridiculous. The body politic, the wishes of the people of California mean nothing when compared to the demands of certain homosexuals who want their perceived “equality” vis a vis the heterosexual community at any cost. The public be damned! That’s rather a curious egalitarianism. Get over it guys. Most of us accept homosexuality. We just don’t think it is normative. Those two brides on the news tonight is a little much. Real love doesn’t need the costuming or the trampeling of every convention.

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Religion writer Gary Stern comments on news and trends in the world of religion — in the Lower Hudson Valley and beyond.

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About the author
Gary Stern has covered religion for The Journal News for a decade. He's reported on just about every major religious group in New York's spiritual mix and covered many of the significant trends, stories and people of the day.

Gary SternThe world of religion, we don't have to tell you, is vast. The purpose of this blog is for Stern to note, flag and comment on some of the more interesting religious developments on the scene – weighty and quirky, somber and laughable, far away and just down the road. He won't interpret Scripture, take sides in conflicts or judge anyone. But he will take advantage of the journalist's license to observe.

Stern was once leery of taking on the religion beat. It's a sensitive subject, you know. But a wise editor told him "Just cover it like you would cover anything."

Since then, he's learned a lot about many hard-to-define elements of religious life, including the modern meaning of religious history, the myriad ways that people reconcile their faith with everyday life, and the unspoken cultural characteristics that help to define each faith and sect.

He's won some awards along the way, including the two highest honors given by the Religion Newswriters Association: National Religion Writer of the Year (2001) and National Religion Reporter of the Year (2005).





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