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CA Gay Marriage Ban Overturned
The California Supreme Court overturned a voter-approved ban on gay marriage today in a ruling that will make California the second and largest state to allow gay and lesbian couples join together in matrimony.
On the steps of the courthouse in Sacramento, Stuart Gaffney and his partner John Lewis, among 19 plaintiffs in the case, were ecstatic. "I'm feeling just complete joy," Gaffney said. "Rarely is a legal decision so romantic, but this one means John and I can now be newlyweds after 21 years together."
Gaffney and Lewis were among thousands of couples married by San Francisco Mayor Gavin Newsom in 2004 in a move that was immensely popular in San Francisco but inspired a conservative voter backlash across the country that many people blamed for hurting the electoral prospects of Sen. John Kerry. That August a California court annulled the marriages and appeals have been winding though state courts ever since.
Gaffney and Lewis, star plaintiffs in the case, have compared their fight for legal status to that faced by Gaffney's parents, whose marriage in the 1950s was not recognized in Missouri under the state's strict anti-miscegenation law. Gaffney's father was Irish and his mother was Chinese. California's landmark 1948 Perez v. Sharp ruling was nation's first to overturn such laws and had become a key precedent in the gay marriage case. More broadly, the case rested upon the California constitution's promise of individual liberty, due process, and equal protection under the law.
Although the ruling doesn't validate the 2004 marriages performed by Newsom, and conservative groups have vowed to push for another ballot measure to change the California constitution to specifically ban gay marriage, for now, gay and lesbian couples are in the clear to tie the knot. When Gaffney's mother called him today, she immediately asked, "When is your wedding day?"
"We are going to get married as soon as we can because we have waited long enough," Gaffney said. "But we are going to get married with our friends and families." He paused, fighting back tears. "I'm still just sort of floating from it," he said.
The mood was jubilant that afternoon in San Francisco, where city hall had joined the case as a plaintiff. After a triumphant press conference outside the Mayor's office, same-sex couples milled about and embraced beneath the rotunda as the PA system piped in love songs. "We were on complete pins and needles, very pointy pins and needles," said Jennifer Pizer a plaintiffs lawyer on the case. "And then we got the decision and started tearing up.
"For many of us this isn't just an exercise of the law, it's about our lives--whether we're good enough and our love is good enough." Pizer could not immediately say whether she'd now be getting married. "My partner of nearly 24 years has said yes," she added, "but I should probably talk to her first before I talk to anyone else."
The marriage party could be short lived, however. Conservative church groups have already collected 1.1 million signatures in favor of the anti-gay marriage constitutional amendment. If the state determines that 694,354 of those signatures are valid, the proposed amendment will qualify for the November ballot. Unlike Proposition 22, the gay marriage ban that was overturned today, the new ballot measure would be immune to court challenge. The question is how many among the 63 percent of Californians who'd supported Prop. 22 have changed their views toward gay marriage since the measure passed in 2000. "I think California has come a long, long way since then," Pizer said. "I think it changed a lot of people's minds to see how much it meant to couples to be able to marry in San Francisco."
As coincidence would have it, Robert and Amy McHale, a white and Asian couple from New York, had shown up in the city hall rotunda today in wedding dress and tuxedo, completely unaware that the Supreme Court had just passed down its landmark ruling. They'd come instead to snap wedding photos. As they stood on the granite steps bathed in the strobe of flash bulbs, a lesbian activist approached to congratulate them. "Understand that you are getting married on such a blessed and auspicious day," she said.
Robert McHale's thoughts on gay marriage? "Sure, why not?" he said. "That's fine if that makes people happy. We are all about happiness."
Comments
This is fantastic news!! Now maybe the country will begin to understand that marriage is a basic civil right. Being from Massachusetts this is a great anniversary gift for our 4th year of the legalization of gay marriage on May 17th. This should shake up the election as well. For the truth about gay marriage check out our trailer. Produced to educate & defuse the controversy it has a way of opening closed minds & provides some sanity on the issue:) www.OUTTAKEonline.com
People should have freedom to marry whoever they want. If you look at the big picture it doesn't matter that they get married. It's two people that love each other. Who cares what the gender is. It's an emotion that is shared by all humans. People need to start looking at humanity as a whole and not individuals solely base on race, religion or gender. We are all part of the same world.
Posted by: J on 05/15/08 at 3:52 PM Respond
"Conservative church groups have already collected 1.1 million signatures in favor of the anti-gay marriage constitutional amendment."
What faith are those conservative church groups? Certainly they can't be Christian, because Christian churches are based on the teachings of Jesus Christ. Jesus told us to "Love one another even as I have loved you." I don't recollect Jesus teaching anything about persecuting others. I've never found any reference to that in my Bible.
Oh I've heard the arguements about how allowing gay mariage will ruin the sancity of marriage. Does that mean if we let gays get divorced it will ruin the sancity of that as well? Perhaps the best advice is not "Judge not, that ye be not judged."
I'm not gay, but my two neighbors are, and they've been monogomous for 26 years now. I look forward to an invitation to their wedding. God bless them both.
Posted by: A Christian Man on 05/15/08 at 4:41 PM Respond
People should have freedom to marry whoever they want. If you look at the big picture it doesn't matter that they get married. It's two people that love each other.
===========================
Hey J.,
So, if it were up to you, i could marry my daughter..? or my mother, or my 2 sisters...? You said that i should have the freedom to marry whom i want, right..?
Don't you understand that under the law, if they allow gay marriage, then i WILL be allowed to marry multiple women, or my daughter at 16, remember marry with legal consent and that is 16 in the USA..!!
Dang, i have to run and tell my goat to get ready for our honeymoon.. HERE COMES DADDY..!!!
You people have no idea where this will go, and the gay people are hideing what will REALLY happen...
Bill
Posted by: Bill Nigh on 05/15/08 at 5:39 PM Respond
Bill, the slippery slope argument is old and tired - give it up. And NO, if gay marriage is legalized it would not also allow for incest or polygamy...because they're not the same thing. Not in the slightest sense. There is an enormous difference between two consenting adults of the same gender getting married and a man having a sexual relationship with his child. If you think they're the same, YOU are the sick one.
Let me ask you - and anyone else who opposes gay marriage - how do you feel about inter-racial relationships? Because the arguments you have against gay marriage are some of the exact same b.s. spouted by racists decades ago against the idea of a black person and a white person getting married. If you're also against that, you're even more despicable than I thought.
Here's a thought - live your own life and let others live theirs. Two people you've never met and will never meet getting married has NO EFFECT whatsoever on you...so seriously, STFU.
Posted by: Lea on 05/15/08 at 6:50 PM Respond
Bill's just a good ole Mojo troll, leave him be.
I'm so happy that the California Supreme Court realized what millions of people all over the world already know - that love is blind to differences like gender, colour, creed, origin, and religion. May their decision pave the way for the rest of the country to afford all Americans equal process under the law in this regard.
Posted by: Austin on 05/15/08 at 6:52 PM Respond
Really, Bill? Is "marriage is between a man and a woman" really the only legal argument for preventing incest and bigamy? Has MA been forced to start allowing such unions? How is "Two consenting, non-related adults" any less ironclad a definition of marriage that "two consenting non-related adults of different genders?"
Posted by: The Polish Wolf on 05/15/08 at 6:57 PM Respond
Lea & austin,
The troll business is what is really old.. If you don't agree with someone then you should put forth set of facts, and not just name calling. Believe me, if I wanted to call you lib's some names, I have a few , but I will let you kids, bet the stupid F**ks,.. :-)
Anyway, I guess you don't know that every state is either putting in the state constitution, or is in the process of setting in place a constitutional amendment to END FOREVER gay fake-marriage. So enjoy you little honeymoon, because in 6 months you are going to be slapped down by your own neighbors, at the ballot box.
And about the slippery slope, you should read the arguments that have been submitted by the FLDS church, which scare the HELL out the the Supreme Court.
By the way, if you get to break the law and marry another set of tits, why can't I marry my goat...? We are BOTH consenting adults, just different species, and why can't I marry my aunt, or 16 yr old daughter...?
Give me a REAL reason why I can't, except for your discriminatory feelings on the matter..?
Why can't you see that there is NO reason why, if some guy in Nevada wants to marry 10 women, that he can not..!!!!
Are you that dense..?
Bill
Posted by: Bill Nigh on 05/15/08 at 7:08 PM Respond
These people deserve our respect.
They are people who are living our lives. They only have members of their own sex as mates.
I accept them fully, as to who they are.
Why can't everyone else?
Posted by: kimmy on 05/15/08 at 7:52 PM Respond
Hey Kimmy,
I don't care what they do in the closet, behind closed doors, but why do you think that WE THE PEOPLE have to say this deviant behavior is ok..? Why do you think that YOU have the power to MAKE everyone think this is a good thing..?
I don't think you understand that this is why our society is ROTTING from the inside..!!
The downfall of entire civilization has begun with the homos being accepted as being NORMAL.
I really don't care what people do in secret, but NEVER, EVER think that our country will think it is OK for them to be kissing in public, or getting married..!!!
If I was gay and getting married, I might be a little afraid of a lightening bolt coming from heaven and whacking everyone in the room....:-)
Bill
Posted by: Bill Nigh on 05/15/08 at 8:07 PM Respond
i think someone's mind is rotting from the inside...
go ahead, marry your goat.
love and acceptance are they only way out.
your fears will only tie you down.
Posted by: Nicolas on 05/15/08 at 9:38 PM Respond
Bill, there are several errors in your argument.
I will address two.
First, there is no legal precedent, either in the animal kingdom or in the human realm, for what constitutes 'adult' or 'age of consent,' for non-human species. Without that, it is difficult to make a case for consent.
Second, without scientific evidence that goats (or other non-human species) have enough intelligent and ability to communicate their desires or wishes, it is impossible to conclude that said goat DOES give its consent to marry you. So until we are able to positively understand it as such, it must remain illegal for you to marry your goat.
I'm sorry, I know you were looking forward to it.
Of course, you could just do as we gays and lesbians have done, and forego the law. Yes, if you really wish to marry your goat, you may, but it won't be recognized in the civil realm. I'm sorry, but you won't be entitled to pensions.
Posted by: Austin on 05/15/08 at 11:13 PM Respond
The rights of those choosing to form Single Sex Family Units (SSFU) deserve full protection under the law. However, I would maintain a distinction between SSFUs and HSFUs (Heterosexual Family Units), based on the biological principle (reproduction - which no one can knock), involved.
The insistence of some SSFU supporters on "equality" is illusory, I believe; and generates opposition to the real and legitimate need of SSFU subscribers to formalize the foundations of their relationships under the law.
Posted by: another_option on 05/16/08 at 1:20 AM Respond
Hahahaha; Bill how you make me laugh!
"but why do you think that WE THE PEOPLE have to say this deviant behavior is ok..?"
Hey Bill, just what gives you people the right to say that it's *not* ok? And if you want to marry your goat, or some guy in Nevada wants to marry 10 wives, what the H**l is it to me? How doe it harm me in any way? Maybe you think that it will destroy the "sanctity" of *your* marriage, but it isn't going to affect mine one bit.
As for the reason our society is rotting, it's because of greed. It's because some people will do absolutely anything to put more gold in their pot. It's because because too many people have no respect for the rights of anyone but themselves, and perhaps those who think just like them. It's because too many people think that they have the right to tell everyone else how they *must* live their lives.
And just what is the "sanctity" of marriage anyway? This article mentions a number of same-sex couples that have had a long lasting loving and caring relationship. But you claim that letting them marry would undermine the "sanctity" of an institution that ends in divorce half the time. That in many cases is held together by fear rather than love. How many heterosexual marriages exist without a trace of love or compassion?
But go ahead and vote for McCain because he opposes same sex marriage. He'll protect the sanctity of marriage; he knows a *lot* about that; he's the candidate with "experience" in that regard.
Posted by: DaveD on 05/16/08 at 5:11 AM Respond
Jews Offering New Alternatives to Homosexuality (JONAH) is a Jewish organization that focuses on “prevention, intervention, and healing of the underlying issues causing same-sex attractions”. They take the Orthodox view that the Torah prohibits homosexual behavior, and is hence most (not all) of its members are Orthodox Jews. Although the Torah does not prohibit homosexual thoughts, JONAH claims to help its members overcome homosexual thoughts. They believe everyone can change, because the Creator has endowed mankind with freewill. It uses a variety of "psycho-educational" methods, including live support group meetings, E-mail list-serv groups, networking, therapy referrals, experiential weekend programs. It attracts a variety of Jews with same-sex attractions, including those who are engaging themselves in homosexual activities but want to lead a heterosexual life, and those who are already in a heterosexual relationship and/or marriage.
JONAH uses reparative therapy techniques.
JONAH was created in 1999. It is now a world-wide organization, with the majority of its membership in the United States, Israel, Canada and Europe. In July 2003, it joined with 10 other organization that "help people conflicted over unwanted homosexual attractions" to form a coalition called Positive Alternatives to Homosexuality.
JONAH does not teach hatred towards homosexuals. Rabbi Dr. Samuel Rosenberg, L.C.S.W., the group director for JONAH, stated "We must repeatedly remind ourselves that, in the Torah, it is not the person, but the act that is abhorred. Moreover, even after the act, we have the obligation to promote teshuva and not censure by the family, leaders, and community."
Posted by: Josh on 05/16/08 at 7:26 AM Respond
Congratulations America!!!! Maybe there is hope for you yet :-)
And can we please just ignore the troll. You're wasting your time arguing with him
Posted by: Guy Incognito on 05/16/08 at 9:35 AM Respond
"We" the people will continue to work for equal rights for ALL. Separation of CHURCH and STATE is a vital component of our constitution and always should be; your BELIEFS have nothing to do with my civil rights. Thank you, Mayor Newsom, and all the brave couples who stood up for civil rights in San Francisco 4 years ago and to the couples who took this case to the Supreme Court of California. Peace. Bb
Posted by: bb on 05/16/08 at 11:03 AM Respond
Bill,
The topic in which I was referring to was gay marriage and being able to legally marry/love a person of the same gender. If you want to marry your daughter or sister then go for it. It doesn't bother me because I have my own life to live. Too many people are consumed with monitoring others instead of focusing on their own. Love who you want to love and live a good honest life. If it makes you happy and doesn't hurt others then more power to you. Your avg 83 life span will be over soon and should get as much pleasure from it as possible. Some other person/court/gov. should not dictate who you can and cannot love.
DaveD has some really strong arguments which I completely agree with so I won't go into reiterating the same.
Posted by: J on 05/16/08 at 11:15 AM Respond
I know gay marriage gets conservatives all hot and bothered, what with fearing the fulfillment of their bestiality fantasies, but come on Bill. Austins wholly valid augments about bestiality taken into account, the other flaw (in your inbreeding argument) is of course that no one wants your cross eyed inbreed daughter/granddaughter running in to things. Unlike the stupid slippery slope BS you and the racists of by gone eras push, there is an a valid reason to prevent inbreeding despite your obvious desires, it is illegal because that kind of thing willfully creates defective offspring in a manner that could be avoided. You and your daughter would be far less likely to pass along a genetic ailment if you just marry other people (not that you would be able to keep from spreading your trollings disease, but it might not be as bad). Why is it that you always accuse others of name calling yet when it comes time to respond to an argument, (the previous false racial slippery slope thing for example), you always neglect to come up with a reasonable response? I know its easier to come up with more of your troll BS and ignore a well reasoned argument, or to just ignore other postings and go troll somewhere else, but that of course just proves that there has been no name calling because you are in fact a troll.
Posted by: Michael Z. on 05/16/08 at 3:52 PM Respond
Marx condemned the sexual freedom advocated by Fourier and Saint-Simon as a relapse into a "bestial" state of "universal prostitution". Engels condemned homosexuality among men of ancient Greece in two separate passages of The Origin of the Family, Private Property, and the State, describing it as "morally deteriorated", "abominable", "loathsome" and "degrading". Marx apparently shared Engels' views, writing that "the relation of man to woman is the most natural relation of human being to human being" and describing the author of a text promoting sexual freedoms as "that queer prick" ("Schwanzschwulen"). According to the socialist writers Hekma, Oosterhuis and Steakley, Marx and Engels saw any form of sexuality outside of a monogamous heterosexual marriage as a kind of degeneracy fostered by capitalism, which could be cured by socialism. According to Engels, "natural moral principles" would flourish in the socialist future, when (heterosexual) "monogamy, instead of declining, finally becomes a reality — for the man as well, and homosexuality would simply disappear.
August Bebel's Woman under Socialism (1879), the "single work dealing with sexuality most widely read by rank-and-file members of the SPD," was even more explicit in warning socialists of the dangers of same-sex love. Bebel attributed "this crime against nature" in both men and women to sexual indulgence and excess, describing it as an upper-class, metropolitan and foreign vice.
Posted by: Steinberg on 05/16/08 at 7:35 PM Respond
My husband and son work for a company that rents out party stuff--tables, chairs, dishes, silverware, tents, tablecloths, etc.
Gay marriages would be good for their business--more weddings, more business, more money!
As my son said, "Since Republicans are all about money, you would think that they would be in favor of gay marriages, for business reasons alone!"
Posted by: Nancy on 05/17/08 at 4:53 AM Respond
About homosexual marriage, I think it is absolutely sickening. America has totally no morals left and its just getting worse. Why don't we just call America, "Filth USA" because that is what is happening, we are sinking deeper into it more and more each day. And people are accepting wrong as right,and right as wrong and the Bible also speaks of this.
How can two people of the same sex get married or even think about it? Seems to me by the looks of these posts that alot of people are in favor of this.
God help America!
Posted by: Connie on 05/18/08 at 7:32 PM Respond
Why do so many people hate us? It makes no sense to me. Good stuff, California, for showing the haters for what they are, people without common decency. And those of you who condemn homosexuality but say it isn't hate -- get a life!
And Bill, marry your goat. When it says "I do", I might believe you are serious.
Posted by: John on 05/19/08 at 12:15 AM Respond
In Communist Cuba, Though public antipathy towards homosexuals is gradually easing, it remains quite high according to a survey conducted in Cuban cities in 2002. More than half of the respondents believed gays and lesbians were “people with problems,” and more than one in five said they were sick and needed medical treatment. Six out of seven persons expressed aversion to lesbians, with the antipathy particularly strong among women.
Homosexuality went underground after the formation of the People's Republic of China. The Communist regime persecuted homosexuals, especially during the Cultural Revolution, when many homosexuals were punished with long prison terms and sometimes execution. Social tolerance of homosexuality declined.
Since the policy of Reform and Opening Up in 1979, the communist party has been loosening its control over this kind of behavior. But the practice of homosexuality is still labeled as a "moldering life style of capitalism".
In Communist Vietnam, in 2002, the government run media declared homosexuality to be a "social evil" comparable to prostitution, gambling and illegal drug use and promised that legislation would be forthcoming to allow the government to combat homosexuality and arrest gay couples.
We Chinese understand the social evil and how to handle it.
Posted by: Ting Lee on 05/19/08 at 7:48 AM Respond
Bill Nigh's comment of May 15th is typical of the illiteracy concerning sexuality and the snide reactions of those who suffer from the ignorance/prejudice/fear/phobias the ensue from that illiteracy. They think the whole world should be forced to fit the tiny contraptions of their own minds. If nigh would study some sociology, he would find that the vast, vast amount of incest to which he refers is committed by his "straight" people.
Posted by: Gilbert Cantlin on 05/19/08 at 9:24 AM Respond
Connie,
You just sound like every other close minded a-hole in the U.S.. I have gay friends that I have met at work or just through social events and I can tell you that they are no different that you or I. They are regular people just like you, and yes they even have feelings of love. Hard to imagine huh? What do you care how they show their love? At least it’s love and not the hate that you’re obviously all about. If you judge people based on their sexual preference it also means that you judge based on gender and race. And don’t say it’s different cause it isn’t. A human being is a human being regardless!
I wouldn't be suprised if you and Bill Nigh are neighbors or maybe even related.
p.s. When you refer to the bible and God you should also remember that "God" loves all his children. I'm atheist and even I know this.
Posted by: J on 05/19/08 at 10:28 AM Respond
It is obvious that gays, polygamists, celebates, and etc. are all human beings even though they may differ on life styles. The question is, should the government encourage gay couples with all the tax breaks and etc.?
Since marriage is such a failure(50% rate), why would gay people want to go down that path?
Posted by: Ginger on 05/19/08 at 10:44 AM Respond
None Gov business who decision to get married
Posted by: Frank on 05/19/08 at 11:06 AM Respond
To J,
First of all,atheist as you say you are, I don't fall under the a-hole catagory as you do. Secondly, FYI, I know some "gays", and have actually (((((talked with))))) some "gays", and yes they are human like I am, but I don't sleep with women, therefore, I don't fit in with them. I did not say I hated homos. If they want to live that lifestyle, let them go ahead. I will live mine married to my husband! Who is Bill Nigh? No, we're not related, thank you very much, are you and he related or neighbors? And I'm through responding to you.
p.s. FYI, God created Adam AND Eve, not Adam and Steve.
Posted by: Connie on 05/19/08 at 8:15 PM Respond
I know Connie is too ignorant to respond to on this, but what the heck...
The bible speaks out against adultery far more often than it does homosexuality [one vague reference in Leviticus] and yet divorce and remarriage is completely legal: i.e., obviously law is shaped to fit human nature not Biblical nonsense in some instances. If it weren't there would be no divorce. So allowing gay marriage is an important part of this country becoming more and more of what it should be: a land of the free.
Regardless of that, J., I am atheist, too, in that I don't believe there is a specific entity that can be called God or anything else. I believe that life is wondrous and the universe amazing and that we do have a spiritual core that belongs to the larger energy of the cosmos. But I don't believe in grey-haired Daddy. It's very freeing to the mind - I can only wish this kind of intellectual liberation for the likes of Connie. And before people say I'm condescending, I'll just go ahead and admit it. I'm tired of having to mind my p's and q' around this issue: I as an individual think organized religion is bad for humanity and I think that making your decisions about how to see the world and your neighbors through the bible [written by superstitious and radical early people]instead of personal instinct and observation is like throwing away your reason and your personal freedom. I pity the religious because I think they are deeply afraid of personal accountability.
Posted by: Paul Miller on 05/20/08 at 5:07 AM Respond
You are right Connie. In the Peoples Republic of China, homosexuality is considered to be a social evil, comparable to prostitution.
A moldering lifestyle of capitalism. It is not only the Christians, but the Party of over 1 billion people that look at this lifestyle as unacceptable.
Posted by: The Chairman on 05/20/08 at 5:09 AM Respond
Chairman, please connect the dots between homosexuality and capitalism... I'm dieing to hear this one.
Posted by: Paul Miller on 05/20/08 at 5:12 AM Respond
Paul, it is not for the Party to explain. It is for the members to follow. According to the socialist writers Hekma, Oosterhuis and Steakley, Marx and Engels saw any form of sexuality outside of a monogamous heterosexual marriage as a kind of degeneracy fostered by capitalism, which could be cured by socialism.
Posted by: Chairman RCP on 05/20/08 at 12:44 PM Respond
Oh, okay, you don't know. That's okay. You said it like it was something you knew about.
If capitalism breeds gayness, than judging by how the GOP is so sweet to higher-ups, in their political conoodling with 'tops', they must naturally be the bottoms. And I thought only average Americans was getting screwed.
Posted by: Paul Miller on 05/20/08 at 12:58 PM Respond
Connie,
I feel bad for you. You're so confused and it shows.
"About homosexual marriage, I think it is absolutely sickening."....."If they want to live that lifestyle, let them go ahead."
It's "sick" to you, yet you acknowledge that they should be able to live their life how ever they want. So if you're ok with it then what do you care whether or not they get married? Loving someone for who they are is all that really matters, right? What if your child came to you one day and said the same? What would be your argument? What if s/he loved someone of the same gender? Would you love your kid anyless? Look at the big picture.
p.s. You should read the post from Paul Miller. It may help you on your path to enlightenment, if you're even capable.
Posted by: J on 05/20/08 at 3:35 PM Respond
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Posted by: Charlotte on 05/15/08 at 1:08 PM Respond