0516 Gay Marriage_1_Color
Molly McKay, right, of Marriage Equality Rights USA, hugs her partner during a rally inside City Hall in San Francisco, Thursday, May 15, 2008. The California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the biggest U.S. state to wed. (AP Photo/Paul Sakuma)

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Friday, 16 May 2008
California's top court legalizes gay marriage Print E-mail
Lisa Leff - ASSOCIATED PRESS   

SAN FRANCISCO -- California's Supreme Court declared that gay couples in the nation's most populous state can marry -- a monumental but perhaps short-lived victory for the gay rights movement Thursday that was greeted with tears, hugs, kisses and at least one instant proposal of matrimony.

Same-sex couples could tie the knot in as little as a month. But the window could close soon after -- religious and social conservatives are pressing to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.

"Essentially, this boils down to love. We love each other. We now have equal rights under the law," declared a jubilant Robin Tyler, a plaintiff in the case along with her partner. She added: "We're going to get married. No Tupperware, please."

A crowd of people raised their fists in triumph inside City Hall, and people wrapped themselves in the rainbow-colored gay-pride flag outside the courthouse. In the Castro, long the center of the gay community in San Francisco, Tim Oviatt wept as he watched the news on TV.

"I've been waiting for this all my life. This is a life-affirming moment," he said.

By the afternoon, gay and lesbian couples had already started lining up at San Francisco City Hall to make appointments to get marriage licenses. In West Hollywood, supporters planned to serve "wedding cake" at an evening celebration.

James Dobson -- chairman of the conservative Christian group Focus on the Family, which has spent thousands of dollars to get the measure on the ballot -- called the ruling an outrage.

"It will be up to the people of California to preserve traditional marriage by passing a constitutional amendment. ... Only then can they protect themselves from this latest example of judicial tyranny," he said in an e-mailed statement.

In its 4-3 ruling, the Republican-dominated high court struck down state laws against same-sex marriage and said domestic partnerships that provide many of the rights and benefits of matrimony are not enough.

"In contrast to earlier times, 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 Ronald George wrote for the majority in ringing language that delighted gay rights activists.

Massachusetts in 2004 became the first, and so far only, state to legalize gay marriage; more than 9,500 couples have taken advantage of the law. But the California ruling is considered monumental by virtue of the state's size -- 38 million out of a U.S. population of 302 million -- and its historical role as the vanguard of many social and cultural changes that have swept the country since World War II.

California has an estimated 108,734 same-sex households, according to 2006 census figures.

"It's about human dignity. It's about human rights. It's about time in California," San Francisco Mayor Gavin Newsom, pumping his fist in the air, told a roaring crowd at City Hall. "As California goes, so goes the rest of the nation. It's inevitable. This door's wide open now. It's going to happen, whether you like it or not."

Unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays nationwide are likely to flock to the state to be wed, said Jennifer Pizer, an attorney who worked on the case.

The ultimate reach of the ruling could be limited, however, since most states do not recognize same-sex marriages performed elsewhere. Nor does the federal government.

The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage.

"We're obviously very disappointed in the decision. The remedy is a constitutional amendment. The constitution defines marriage as a union between one man and one woman," said Glen Lavy, senior counsel for the organization.

Opponents of gay marriage could also ask the high court to reconsider. If the court rejects such a request, same-sex couples could start getting married in 30 days, the time it typically takes for the justices' opinions to become final.

Attorney General Jerry Brown, whose office had argued to uphold the ban, said Brown will work with Gov. Arnold Schwarzenegger and state agencies to implement the ruling.

The case was set in motion in 2004 when the mayor of San Francisco -- the unofficial capital of gay America -- threw City Hall open to gay couples to get married in a calculated challenge to California law. Four thousand wed before the Supreme Court put a halt to the practice after a month.

Two dozen gay couples then sued, along with the city and gay rights organizations.

Thursday's ruling could alter the dynamics of the presidential race, as well as state and congressional contests in California and beyond, by causing a backlash among conservatives and drawing them to the polls in large numbers.

A spokesman for Republican John McCain, who opposes gay marriage, said the Arizona senator "doesn't believe judges should be making these decisions." The campaigns of Democrats Barack Obama and Hillary Rodham Clinton said they believe that the issue of marriage should be left to the states.

Ten states now offer some form of legal recognition to same-sex couples -- in most cases, domestic partnerships or civil unions. In the past few years, the courts in New York, New Jersey and Washington state have refused to allow gay marriage.

Outside the San Francisco courthouse, gay marriage supporters cried and cheered as news of the decision spread. Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, via cell phone and asked, "Pali, will you marry me?"

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

Citing a 1948 California Supreme Court decision that overturned a ban on interracial marriages, the justices struck down the state's 1977 one-man, one-woman marriage law, as well as a similar, voter-approved law that passed with 61 percent in 2000.

The chief justice was joined by Justices Joyce Kennard and Kathryn Werdegar, all three of whom were appointed by Republican governors, and Justice Carlos Moreno, the only member of the court appointed by a Democrat.

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

California's secretary of state is expected to rule by the end of June whether the sponsors gathered enough signatures to put the amendment on the ballot.

Schwarzenegger, a Republican who has twice vetoed legislation that would have granted marriage to same-sex couples, said in a statement that he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."


• Associated Press writers Terence Chea, Jason Dearen, Juliana Barbassa and Evelyn Nieves in San Francisco and Liz Sidoti in Washington contributed to this report.

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Discuss (36 posts)
JLD May 16 2008 20:29:58
Blondie wrote:
JLD wrote:
Blondie wrote:
HugoB wrote:
I appreciate your support. I live here because I love the view. Everytime I look at the lake on one side of me and the mountains on the other, I am reminded of how great this Country can be when there is equal justice for all. I also run a sort of mission here helping young gay people discover who they are and helping them to make the adjustment to being open about their sexual preferences. My partner and I do not as of yet dare to walk down the streets in Provo holding hands in broad daylight because we know it is dangerous. We tried it once but a car full of kids came up behind us and one of them swatted my partner with a broom from behind. They were yelling out the window something like 'broom a queer coon.' We reserve our intimate walks to more descrete times now for our safety. There are still too many bigoted homophobes out there.

I don't see "Happy Valley" opening their arms to you or your partner, anytime soon. They would have a hard time of You(being black) living there in the first place. I wish you well, but do remember your are in UTAH Redneck Country. Best wishes.....

Just be careful, where you are open with your relationship.


Happy Valley is redneck country? Wow, what does that make Eastern Utah?

I don't know that I believe your story...I don't see car loads of broom wielding homophobic racists targeting the other homosexuals and people of differing races and I can't remember the last time I heard someone yell "Coon" to someone. I won't say that means you are going to be accepted by all but you make it sound much worse than I think it is. I see men holding hands in Provo all the time, it is hardly uncommon. There was a young gay couple in Wendys in Springville just last weekend and I don't think most patrons gave them a second glance. Have you been in the malls lately?


JLD: I did not say Utah County, I said "UTAH". If you disagree, you have never really looked around. I know the racism and bigotry first-hand from at least 78% of the entire state. True Story


Sorry, I thought you meant that Utah Valley was redneck central...you should see where I was born and raised. Utah Valley is progressive!
#367942

Blondie
May 16 2008 21:08:08
JLD wrote:
Blondie wrote:
JLD wrote:
Blondie wrote:
HugoB wrote:
I appreciate your support. I live here because I love the view. Everytime I look at the lake on one side of me and the mountains on the other, I am reminded of how great this Country can be when there is equal justice for all. I also run a sort of mission here helping young gay people discover who they are and helping them to make the adjustment to being open about their sexual preferences. My partner and I do not as of yet dare to walk down the streets in Provo holding hands in broad daylight because we know it is dangerous. We tried it once but a car full of kids came up behind us and one of them swatted my partner with a broom from behind. They were yelling out the window something like 'broom a queer coon.' We reserve our intimate walks to more descrete times now for our safety. There are still too many bigoted homophobes out there.

I don't see "Happy Valley" opening their arms to you or your partner, anytime soon. They would have a hard time of You(being black) living there in the first place. I wish you well, but do remember your are in UTAH Redneck Country. Best wishes.....

Just be careful, where you are open with your relationship.


Happy Valley is redneck country? Wow, what does that make Eastern Utah?

I don't know that I believe your story...I don't see car loads of broom wielding homophobic racists targeting the other homosexuals and people of differing races and I can't remember the last time I heard someone yell "Coon" to someone. I won't say that means you are going to be accepted by all but you make it sound much worse than I think it is. I see men holding hands in Provo all the time, it is hardly uncommon. There was a young gay couple in Wendys in Springville just last weekend and I don't think most patrons gave them a second glance. Have you been in the malls lately?


JLD: I did not say Utah County, I said "UTAH". If you disagree, you have never really looked around. I know the racism and bigotry first-hand from at least 78% of the entire state. True Story


Sorry, I thought you meant that Utah Valley was redneck central...you should see where I was born and raised. Utah Valley is progressive!


I DO understand......
#367958

mykidsgramma
May 16 2008 21:12:06
HugoB wrote:
Just another typical whitey living in his make believe world that says that all is well in and their ain't no bigottry in the world. I come on here because this story is about me. It effects my life. It is my pain. You need to get over youself.

I know I'm pretty green here still, but I got fooled once by Patrick Starfish (my daughter got a kick out of that! Said I should have known, then explained the REAL Patrick from Sponge Bob. I had never seen it!) However, this quote by Hugo sounds suspiciously like someone elses style of writing. For one thing, I know that some Blacks have a Southern accent, but having an accent does not change the spelling of words.

Another thing, I had some friends from Florida visit SLC a few years ago at Christmas time. Granted, they were not gay, it was 2 families one with a child. They walked all over SLC hitting the typical tourist areas and came here to Happy Valley. They fell in love with Utah, could not believe how kind the people were and how well they were accepted. They went so far as to say that they perceived they were like a curiosity, people approached them, wanting to speak with them, went out of their way to show they had nothing against Blacks and that they were more than welcome here. They are planning a return visit, possibly this summer, as they so enjoyed their time here.

So I must say I am suspicious of Hugo's story.
#367961
Girl Raised in the South May 17 2008 00:47:28
HugoB wrote:
Just another typical whitey living in his make believe world that says that all is well in and their ain't no bigottry in the world. I come on here because this story is about me. It effects my life. It is my pain. You need to get over youself.

So, HugoB (if you're for real), you say you're black and gay. You are experiencing pain in your life because of inappropriate behavior from "whiteys" and "bigots". You and your partner were hit by broom-wielding kids in a car while you were on the sidewalk. (What?, were you walking pretty much in the street for them to be able to reach you?) You then go on to poke fun at polygamists. So after all this, you call US bigots? Just for my information, as I never could get this next question answered for me while I lived in the South, why can you, as a black person, call people names (whitey, bigot), but it is not allowed for us to do the same if we feel inclined? I don't care to call you names. . .it solves nothing and only creates hostility. So put your whining aside (if you're legitimate), and help everyone understand.
#368088

Just Reading
May 17 2008 13:24:53
HugoB wrote:
Just another typical whitey living in his make believe world that says that all is well in and their ain't no bigottry in the world. I come on here because this story is about me. It effects my life. It is my pain. You need to get over youself.

HugoB I'm on your side, but I hate to hear the Bigotry and racist comments that are comming from you!!!

I'm not a homosexual, but I believe in equal rights and I believe that we are all equal and that no one should treat you so bad,

I would respect you, Now I would like it if you would respect me,
I would never go around saying or calling any man or person a "Nigger" because they are black or what ever, I believe that word is derogatory,

Now please HugoB stop calling or writing "WHITEY in the derogatory way that you are, because it makes you look and sound hypocritical...

Thank you....
#368136
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