06/04/2008
California Supreme Court Rejects Bid to Stay Gay Marriage Ruling
It's official. California's Supreme Court has rejected a bid by gay-marriage foes to stay the same-sex marriage ruling until after November's elections. Gay marriages begin June 17!
"Moving swiftly to remove legal uncertainty, the court turned a way a request from gay marriage foes to stay the ruling until after the November election, when voters will consider a ballot measure that would change the state Constitution to again outlaw same-sex weddings. The secretary of state earlier this week qualified the initiative for the November ballot. The justices were divided 4-3 on whether to rehear their earlier decision, the same split that unfolded when the gay marriage case was decided in May. Conservative organizations, joined by 10 other states, asked the court to reopen the case, a move opposed by civil rights groups, San Francisco city officials and Attorney General Jerry Brown."
This is great news. Basically, if California voters end up approving the ban they'll have to nullify hundreds if not thousands of marriages that have been valid for months. Somehow I don't think Californians will have it.
California high court clears way for same-sex marriages starting June 17 [mercury news]
Sphere: Related ContentPosted 12:51 PM EST by Andy in California, Gay Marriage, News | Permalink
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Fantastic news. Now everyone who can, get out there and get married as soon as possible. Make the bigots work to undo our rights.
Posted by: rudy | Jun 4, 2008 12:54:51 PM
Good luck to all you Californians getting married. Go and celebrate. And then fight to keep your rights. Fight all the way to the Supreme Court if need be. We're supporting you.
Posted by: jtluvr | Jun 4, 2008 1:00:53 PM
Join us! JTLUVR and everyone else. California does not have a residency requirement for marriage. You can fly in, get married, and take your license back to your place of domicile and use it to fight for your rights. Basic civil rights for gays is taking a huge leap forward.
Posted by: rudy | Jun 4, 2008 1:06:11 PM
Excellent news. Bravo to the Court for rejecting the right wing's transparent attempt to dehumanize the issue by stalling till after election time. Let the marriages begin! And then let them try to take them away; we won't let it happen.
Posted by: Ernie | Jun 4, 2008 1:09:25 PM
Strike Two for the Professional Bigots! And November will be Strike Three and the end of the ballgame for them in California, at least. Go to eqca.org to donate whatever amount you can [every cent counts] to help beat the referendum on the ballot in November.
In other great news, termed-out gay California Assemblyman Mark Leno won the state senate primary last night assuring his move to that side of the state house and more unprecedented, powerfully persuasive work on our behalf. Those who don't live here may not have noticed that, despite its reputation as Liberal Land, California is riddled with right wingers generally and homophobes specifically yet Leno managed to get gay marriage equality bills passed TWICE in the legislature.
Posted by: Michael Bedwell | Jun 4, 2008 1:14:33 PM
Amen!
Posted by: Alex | Jun 4, 2008 1:30:51 PM
I see there's another Alex on here. Oh my! Schizophrenia!
Anyway, woo hoo!
Run and get hitched all you crazy kids!!!! :)
Posted by: Alex | Jun 4, 2008 1:35:16 PM
Bingo... previously folks mentioned in other comments that actually this amendment attempt is unconstitutional in that it attempts a "revision" of the constitution which cannot be done via the initiative process. The decision was based on the equal protection clause and that cannot be circumvented. I don't think it is going to pass anyway... what will be interesting to see now is if there will be a lawsuit to have it removed from the ballot...
The court has made it's decision. I am very proud to be a resident of the great state of California!
Posted by: Mike | Jun 4, 2008 1:47:47 PM
... and even more.
I couldn't be happier with the decision today, as I already have friends in the area planning their weddings and parties in the coming months. Still, it's going to be a fight leading up to November that I hope we'll win...
Posted by: Alex | Jun 4, 2008 1:48:16 PM
Yayyyyyyyyyyyyyyyyyyyyyyyyyyyyyy!!!!!!!!!!!!!!!!
Posted by: peterparker | Jun 4, 2008 2:03:00 PM
YES! As goes California...
Posted by: ichabod | Jun 4, 2008 2:24:49 PM
YES! As goes California...
Posted by: ichabod | Jun 4, 2008 2:25:12 PM
What great timing being that this weekend is L.A. Pride. That should give the festivities a little bit of rejuvenation - and some added relevance!
There are rumors that the Registrar/County Clerk will be setting up a temporary office in West Hollywood - not that the Beverly Hills office isn't so far away, but a temporary office in West Hollywood might add a bit more excitement and camaraderie.
We have intentionally not really discussed it much pending the outcome of the potential stay, but tonight I'm going to ask my partner to get married...if he doesn't ask first. We've been domestic partners since that status was first available here in 2000, but this takes on an added dimension to the whole thing. How exciting.
Posted by: Rey | Jun 4, 2008 3:09:56 PM
While this was the only sensible way they could rule (you only stay a ruling if there is an ongoing legal action), the 4-3 split was close. At least Sulu and Ellen can move ahead with their plans now.
Again, you can't have take-it-or-leave-it constitutions, so the amendment is still a risk to marriage rights and will not be overturned on anything but procedural grounds (I don't see any federal issues here).
I don't think the amendment will annul marriages licenses already granted, as that would be ex post facto, something normally barred under our system. So anyone married before the enactment of the new law (amendment) will remain married. Any changes in the law, such as for divorce, would have to affect all marriages, gay or str8. The amendment would, of course, stop future gay marriages.
Posted by: anon | Jun 4, 2008 3:11:55 PM
as long as the equal protection clause is in the state constitution, i don't see how an amendment to limit rights to one group can possibly fly. isn't the conflict obvious ??
glad to hear the news about the stay. if the initiative does make it to the ballot, maybe folks will be less likely to want to take rights away from people who already have them ... maybe.
Posted by: el polacko | Jun 4, 2008 3:14:35 PM
YES! As goes California...
So already went Massachusetts :)
Posted by: MAJeff | Jun 4, 2008 4:31:34 PM
Yes, MAJEFF, and when Massachusetts catches up with California in all of its other LGBT-positive laws and numbers of out office holders give us a call.
Posted by: Michael Bedwell | Jun 4, 2008 4:45:58 PM
Great news! I am very surprised that the court did this. I really thought that they would put everything on hold until the election. Happy none the less!
Posted by: RB | Jun 4, 2008 5:54:52 PM
El Polacko: alas, your argument falls victim to all sorts of mischief. For example, equal protection versus free speech or religion, free speech versus voting age limitations, etc. It's the job of the courts to apply all clauses equally in disputes, not throw one out they don't think quite fits. Simply put, once the amendment comes into force, you will have equal protection EXCEPT in the case of marriage. Nice try though.
Posted by: anon | Jun 4, 2008 6:32:56 PM
There's going to be a few bumps in the road like this one was. When the Massachusetts State Supreme Court ruled to legalize gay marriage in 2003 Romney & his cronies tried everything to stop it but failed. Even after gay marriages were performed they tried to get an amendment on to the ballot until June 14th, 2007 when it was finally defeated in the State House. If you know someone who's still uncomfortable with gay marriage check out our short produced to educate & defuse the controversy. It has a way of opening closed minds & provides some sanity on the issue: www.OUTTAKEonline.com
Posted by: Charlotte | Jun 4, 2008 6:42:56 PM
Wonderful news.
And it puts the lie to "The only way to get justice in the court house is by voting for Democrats” bogeyman. The California Supremes have a six to one Republican majority, including Chief Justice George, who was given his first judicial appointment by Ronald Reagan and who voted for us. They voted for us in spite of their right wing views because our movement in California is huge, battle hardened and won’t take no for an answer on this question. We compelled them to rule for us.
It’ll be a cliffhanger on the bigot’s initiative but already the Field Poll and the USA Today/Gallup polls show things beginning to move in our direction. (If you examine the unfocused questions Gallup asked it could have led to unfocused answers. Their claim that seven out of ten support us nationally on same sex marriage equality is suspect.)
http://www.sacbee.com/111/story/970055.html
http://www.usatoday.com/news/nation/2008-06-03-gay-marriage-poll_N.htm
Events in California are another turnaround indicator that it’ll be easier than expected for the left to rebuild the antiwar movement, the GLBT equality struggle and reinforce union organizing no matter which right winger, Obama or McCain, wins. We’ll all have our hands full doing damage control because of the people who actually voted for them, and for war, union busting and bigotry.
Posted by: Bill Perdue, RainbowRED | Jun 4, 2008 7:52:24 PM
Rey, don't leave us hanging - what happened?
Posted by: Ted | Jun 4, 2008 10:55:47 PM
Congratulations again to California, to Californians and to all those couples who are planning their nuptuals.
We're all pullin' for ya REY!
Posted by: Zeke | Jun 5, 2008 11:51:28 AM