Same-Sex Marriage Legalized in California
The California State Supreme Court decided yesterday that the millennia-old understanding of what marriage is, isn’t.
California’s Supreme Court quashed a ban on gay marriage in a historic ruling here Thursday, effectively leaving same-sex couples in America’s most populous state free to tie the knot.
In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.
“Limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute,” California Chief Justice Ron George said in the written opinion.
When the debate on a state constitutional amendment defining marriage was in full swing here in Georgia, those against the measure argued that we already had a law in Georgia making same-sex marriage illegal. They said that, therefore, we didn’t need to change the constitution. But the Left in this country has decided to use the judiciary to do an end-run around when they generally can’t get past the people or their representatives, and then they complain when they’re met on that battlefield.
The California situation is a bit more convoluted. The article gives us that history.
Thursday’s ruling came after a long-running legal battle that erupted in 2000 when California voters approved a law declaring that only marriages between men and women could be legally recognized.
In February 2004, the city of San Francisco defied state law by issuing marriage licenses to same-sex couples, arguing that existing laws were illegal because they violated equal rights legislation.
A court later halted the issuance of licenses and declared that same-sex marriages that took place during this period were void.
However, San Francisco and civil rights activists waged a legal case arguing that limiting marriage to opposite-sex couples was unconstitutional and that the law should be struck down.
In 2005 the San Francisco Superior Court ruled in favor of the plaintiffs, finding that there was no justification for refusing to allow marriages.
But the decision was overturned in 2006 by the California Court of Appeal, which ruled in a 2-1 decision that the state’s desire to “carry out the expressed wishes of a majority” was sufficient to preserve the existing law.
California lawmakers have also voted in favor of gay marriage but the bill was vetoed by Governor Arnold Schwarzenegger, who has said that the matter is for the state’s court system to decide on.
So in summary; the people said they didn’t want same-sex marriage, their alleged “representatives” decided they did want it, the governor stopped it, tossed it to the judiciary, and the judiciary ruled successively for it, against it, and now for it again.
And they’re calling this potentially historic.
Legal analysts say Thursday’s court ruling could have wide-ranging implications for other US states, noting the California Supreme Court’s history of landmark rulings.
Sorry, but this highly politicized process doesn’t sound like any sort of resounding history. Leon Wolf at Redstate picked out the money quote from the decision, and finds that the court didn’t really rule on constitutional grounds at all!
And, in fact, it ain’t over yet. Over a million signatures have already been collected to put a constitutional amendment on the ballot in November. If this gets on the ballot, given the voting history, it’s sure to pass. Expect histrionics from opponents.
And remember what this issue did in 2004 for George W. Bush. It brought voters out in droves to vote on this issue, and while there were in the booth, most pulled the lever for Bush. Could this put California in play for McCain?
Technorati Tags: California, homosexuality, same-sex marriage, California State Supreme Court, Arnold Schwarzenegger, Georgia, constitutional amendment, George W. Bush, John McCain
Filed under: Culture • Government • Homosexuality • Marriage • Politics
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