my goodness - good news
California Supreme Court Overturns Gay Marriage Ban
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45 comments:
Really? Thanks for letting us know.
Yes, really ...
And I just learned that 2004 marriage will be reinstated.
My sister's marriage is one of those.
I am soooo glad to see that Gavin Newsome has been vindicated.
I want to dance at IT's wedding...
Felicitations Californie!
The main opinion is 121 pages long. The majority concludes:
"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 must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand."
The decision is decided by a 4-3 majority. One of the dissenters said that she personally thought there should be marriage for same-sex couples but that it was not required under the California constitution.
Hallelujah!
Woo hoo! That's ten percent of the U.S> in one fell swoop. Of course, there will be an effort to overturn it by constitutional amendment, but the Governator has already said he won't support such an amendment.
Again, woo hoo!
Thanks for the news! That's so great! My daughter will be all up and happy about this, I'm sure. Though I doubt she's up in the sense of awake. She's from Massachusetts and her girlfriend is from California, so they'll be cheering! Yessssssss, a victory!
Yes, this is wonderful!
Now if the church would only catch up!
Great news, indeed! And, as Susan says, the church should start running to catch up. We will see the church as the shining taillight again if it moves quickly enough.
Ha. Today, I'm proud to pay state taxes in the Golden State!
Yes!!! Yes!!!! Yippeeee!!!!
--margaret
Congratulations to all in California and eventually to all in the entire USA!
I rather suspect the “protecting” marriage amendment business of the anti Moderns to have been a big strategic error.
http://gkochswahne.blogspot.com
Champagne Fight!!!!!!
Just so our friends across the pond know ... 6 of the 7 California Supreme Court justices are Republicans.
Oh! I can hear the sound of earthquake, wind and fire.
No, sorry, not the wrath of God after all, merely my digestion.
I think that voters are bored with this fight, too. I don't think it is going to be an issue for most people more worried about saving their house/ job/ retirement, putting fuel in their car and getting their neighbor's kid home from Iraq.
But the Republicans won't be able to resist trying to use it. To their loss.
IT'S NOT OVER. There is a ballot initiative which the state will vote upon in November that would amend the state constitution to limit marriage to straights.
If that initiative passes by a simple majority, then all the marriages are moot and the court decision makes no difference.
Polls suggest that public opinion is about 50:50 on the subject.
You can bet that the Catholic Church and the Mormons will be pouring money into the state against us.
If you are Californian, you need to be vocal and generous. If you know a Californian, you need to explain to them what is at stake. If you are a friend, hold us in your hearts.
AND, marriage in the state means nothing for the 1450 or so FEDERAL rights. In fact, the marriage becomes invalid if we leave the state. We will still ahve to file federal tax returns as singles, we will get no social security spousal benefit, no immigration benefit, etc etc etc. In some respects, it is still meaningless in the face of federal oppostion.
I phoned my partner from my office this morning but she won't give me her answer until we discuss it in person.
Jake has offered to officiate, so we do have a priest.
I'm not sure how to break it to her that the rest of Jake's crowd as well as the merry pranksters of OCICBW appear to have invited themselves to the wedding. ;-)
IT
It's nice for what it is.
Unfortunately, California has a rather crazy voter referendum system whereby any interest group can do an end-run around their elected officials, gather signatures and put something on the ballot for the state to vote on and become law. There are dozens of these to vote on in each election.
The infamous Proposition 13 which cut property taxes passed in the 1970s and has since brought the CA education system to near-collapse, is an example of this.
Religious and conservatives groups will inevitably bring an anti-gay marriage constitutional amendment to a referendum and these have usually passed. Once this is law, only the conservative Supreme Court of the U.S. can overturn it.
It's sad that civil rights can be put up to vote like this, but it is the state of affairs in many U.S. states.
Focus On The Family and THe National Organization for Marriage will be putting a lot of money toward reversing this.
Congratulations, IT! I will happily hold you in my heart. Best wishes.
Pagan
Unfortunately also the perfect Republican wedge-issue for this Fall's elections.
According to 365Gay, Governor Ahnold opposes the proposed amendment, and supports the Court decision.
Digby, over at her blog Hullabaloo, says the youth turnout will be crucial in California for both the general election, and to defeat the anti-gay marriage amendment. She thinks that there might be a good chance that will happen.
"Religious and conservatives groups will inevitably bring an anti-gay marriage constitutional amendment to a referendum and these have usually passed."
True, but for the first time (2006), one of these things went down to defeat in Arizona, of all places.
And where they have won, it's been by ever diminishing margins over the years.
The segregationists are NOT invincible, even at the ballot box.
I think that voters are bored with this fight, too. I don't think it is going to be an issue for most people more worried about saving their house/ job/ retirement, putting fuel in their car and getting their neighbor's kid home from Iraq.
Dennis, love, I agree with IT. THIS IS NOT OVER! It's not the time to be complacent about any of the coming elections and votes.
Counterlight, the segregationists are not invincible, but neither should their power be underestimated.
IT
muted celebrations tonight, I expect. I can't lobby anyone in California, but Susan and I will pray (meditate? Cast white lights? cross fingers, arms, legs and toes... What does an atheist do?) hoping it will all work out ok for you in the November decision.
It's only a matter of time.... here's hoping that it will be OUR time!
IT
muted celebrations tonight, I expect. I can't lobby anyone in California, but Susan and I will pray (meditate? Cast white lights? cross fingers, arms, legs and toes... What does an atheist do?) hoping it will all work out ok for you in the November decision.
It's only a matter of time.... here's hoping that it will be OUR time!
Mimi!
I'm in a mood to celebrate today. the fight for equality resumes tomorrow.
No cold water today!
I understand it's not over. Every positive decision is a step forward, even if there are some steps backward, but I certainly hope this one will stand.
I don't know anyone in California. IT, do you have any recommendations as to which groups one might give financial support to in order to best help fight the initiative?
[BTW, while I would love an invite to the wedding, I promise I won't show up uninvited! ;) Do, however, let us celebrate vicariously. You mean a lot to us all.]
OK Dennis. There certainly has been enough bad news of late.
Bring on the champagne!
Dennis!
I didn't mean to rain on your parade. Celebrate today! Pop the cork on the champagne! Then, back to work tomorrow.
In the immortal words of the mighty wordsmith, MadPriest:
But remember - you rarely meet a disappointed pessimist.
A good group to support, and a good resource for information and talking points is
Equality CA
Also check out
Marriage Equality USA
IT
While I rejoice and am excited for those for whom this gives hope, I am a bit hesitant to accept this for what it appears to be.
Those who oppose marriage equality aren't going to let this stop them.
However, as CA is the most populous state in the union, this is still by far something to celebrate :-)
IT, I will want to be there too. Do you like folk music? I will bring my dulcimers.
FWIW
jimB
IT, tell your partner we won't take no for an answer
:-P
IT, for those of us who live far away, you'll have to do live video coverage of the ceremony. We won't stand for anything less.
The internets ate my comment. Once again:
Congratulations and woohoo, California!!! (For now, anyway. This is a big step in the right direction.)
One of my sheroes (Mary Harris "Mother" Jones - labor organizer) once said "Pray for the dead and fight like hell for the living."
In like manner: Celebrate the gain today, and fight like hell to keep it from slipping away!
Best wishes, IT!
Bravo for California!!
And hello, all! I want to thank you again for all your prayers during my father's last illness. I did get down to Pasadena in one piece, saw Dad, and was with Mom and him when he died the next day.
Everyone was very kind--there are some very good people down there which made a very tough time easier.
Now pop a cork and let's toast all the soon-to-be married couples and all those who've had their marriages reinstated!
Yay! My partner and I live in California, and now we can get legally married -- 21 years after our "Holy Union" ceremony at Metropolitan Community Church of San Francisco. Back then even MCC was afraid to call it marriage. Progress does happen, thank God.
"Mighty wordsmith" Mimi?
In deed!
Kittkatt, congratulations!
Paul(a.), I'm thinking flattery will get me everywhere.
Erika -- atheists can send positive energy (good vibes, if you're as old as me) out into the universe.
Yay for California! It's hard to say Yay for Governor Ahnold, but I guess I will, today.
We all better pray that the San Andreas fault doesn't slip tomorrow -- you know they'll all say it was cause-and-effect.
We all better pray that the San Andreas fault doesn't slip tomorrow -- you know they'll all say it was cause-and-effect.
Over on Viagraville, where they are flipping bananas over this decision, they are praying for just that to happen.
I don't know anyone in California.
Good googly-moogly: how is that even possible? :-0
[Whereas I know TOO MANY there . . . and I now have to Come Out to them all. Eeek. :-/]
But, that's for tomorrow (or tomorrow's tomorrow, or---). Tonight, Celebrate! :-D
Some interesting commentary on what the decision will and will not do.
IT
As a Midwestern sort, I hate it when California does something right, especially if they do it first. We here in Illinois had the first law making private sexual conduct exactly that, private, and the fist "palamony" case. California gets all the credit. Massachusetts, watch out!
Still, what a great decision. A court aqctuall saying that lesbians and gays have the same rights as Nigerians and Coneheads! Maybe California deserves this day in the spotlight!
FWIW
jimB
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