CNN reports that California’s Supreme Court has voted 4-3 to overturn a ban on gay marriage approved by voters in a 2000 referendum dubbed the Defense of Marriage Act. CNN said the ruling was a surprise, because the court has a reputation for being conservative and six of its seven judges are Republican appointees. Subsequent to the 2000 vote the state legislature passed two laws which aimed to make it easier for gays to wed, but Gov. Arnold Schwarzenegger vetoed both. CNN quotes him as saying he will uphold the court’s decision and will not support a proposed constitutional amendment pending before the California Secretary of State which would overturn the court’s ruling. Excerpts from CNN's report follow:
The California Supreme Court struck down the state's ban on same-sex marriage Thursday, saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."
In a 4-3 120-page ruling issue, the justices wrote that "responsibly to care for and raise children does not depend upon the individual's sexual orientation."
"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," Chief Justice Ronald George wrote for the majority.
The ruling takes affect in 30 days.
Several gay and lesbian couples, along with the city of San Francisco and gay rights groups, filed a lawsuit saying they were victims of unlawful discrimination. A lower court ruled San Francisco acted unlawfully in issuing marriage licenses to same-sex couples.
San Francisco City Attorney Dennis Herrera said he is "profoundly grateful" for the decision and for the court's "eloquence" in its delivery.
"After four long years, we're very, very gratified," he said.
Shannon Minter, attorney for one of the plaintiffs in the case, the National Center for Lesbian Rights, called the ruling "a moment of pure happiness and joy for so many families in California."
"California sets the tone, and this will have a huge effect across the nation to bringing wider acceptance for gay and lesbian couples," he said.
Neil Giuliano, president of the Gay and Lesbian Alliance Against Defamation, issued a statement saying, "Today's ruling affirms that committed couples, gay and straight, should not be denied the duties, obligations and protections of marriage. ... This decision is a vital affirmation to countless California couples -- straight and gay -- who want to make and have made a lifelong commitment to take care of and be responsible for each other."
A constitutional amendment initiative specifying that marriage is only between a man and a woman is awaiting verification by the secretary of state's office after its sponsors said they had gathered enough signatures to place it on the statewide ballot. The parties cannot appeal to the U.S. Supreme Court, Herrera said, as federal courts do not have jurisdiction over the state laws. "This is the final say," he said.
In a dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters.
In 2004, San Francisco officials allowed gay couples in the city to wed, prompting a flood of applicants crowding the city hall clerk's office. The first couple to wed then was 80-year-old Phyllis Lyon and 83-year-old Dorothy Martin, lovers for 50 years.
"We have a right just like anyone else to get married to the person we want to get married to," Lyon said at the time.
San Francisco Mayor Gavin Newsom called the ruling a victory not just for the city "but for literally millions of people. ... What the court did is simply affirm their lives."
CNN's Ted Rowlands reported that "huge cheers" went up in San Francisco when the ruling was announced.
"There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state's general legislative policy and preference," the ruling said.
"Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of Section 300 limiting the designation of marriage to a 'union between a man and a woman' is unconstitutional, and that the remaining statutory language must be understood as making the designation of marriage available to both opposite-sex and same-sex couples."
Newsom compared the ruling to the 1967 U.S. Supreme Court ruling in a Virginia case overturning that state's ban on interracial marriage.
"This is about civil marriage. This is about fundamental rights," he said.
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