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State ban on same-sex marriage ruled unconstitutional

By Jason Siegel

Same-sex couples have a constitutional right to marry, the California Supreme Court ruled in a 4-3 decision (read the full, 121 page decision here).

California is now the second state in the country to legalize same-sex marriage, after Massachusetts. Same-sex couples can apply to be married when the decision goes into effect in 30 days.

Not so fast

Conservative religious groups are pushing an initiative to have voters decide in November on a constitutional amendment outlawing same-sex marriage. They submitted 1.1 million signatures, of which 694,354 must be found valid to make it onto the ballot. If the initiative went to vote and passed, it would overrule today's decision. However, it could still be challenged in court because it doesn't specify whether the proposed amendment would apply retroactively to marriages performed before November, the San Francisco Chronicle points out.

Jordan Lorence, an attorney with the conservative Alliance Defense Fund, told the Associated Press (before the ruling) that his group would ask the justices to stay their decision until after November, if they ruled against the same-sex marriage ban. Lorence said that a decision to legalize same-sex marriage would bring the issue back to the national stage and show that Massachusetts is not "leading a one-state parade."

In a press release, Gov. Arnold Schwarzenegger reiterated earlier comments, saying that he "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

The opinion of the court was given by Chief Justice Ronald George, joined by Justices Joyce Kennard, Kathryn Mickle Werdegar and Carlos Moreno. Justice Marvin Baxter, who dissented, was joined by Justices Ming Chin and Carol Corrigan.

Read The Recorder's coverage here

WATCH: CNN Coverage, CNN: Gavin Newsom on the decision, ABC7 Coverage

Background on the case

In March 2004, the state Supreme Court stopped a month of same-sex weddings allowed by San Francisco Mayor Gavin Newsom. Gay and lesbian couples, the city of San Francisco and two LGBT rights groups subsequently sued, claiming the law banning same-sex marriage violated the fundamental rights to marry, to privacy, to freedom of expression and to equal protection of the laws based on sex and sexual orientation.

In 2005, San Francisco Superior Court Judge Richard Kramer ruled that the ban on same-sex marriages was unconstitutional. In 2006, a state appeals court disagreed, ruling 2-1 that it was the role of voters and legislators to define marriage, not the courts. The California Supreme Court heard oral arguments on the marriage cases in March (LISTEN on Windows Media Player, WATCH on Real Player).

During this period, the state legislature twice passed laws to make same-sex marriage legal, but were vetoed by Gov. Schwarzenegger.

Gay marriage rights elsewhere

According to About.com, civil unions are available in New Jersey, Vermont, Connecticut and New Hampshire, while domestic partnerships are legal in Oregon, Washington and California. A national map, detailing the current policy in each state in the United States, is available on National Public Radio's website (here).

Same-sex marriage is legal in Canada, Belgium, Netherlands, South Africa and Spain. Same sex unions or partnerships are available in 13 European countries and Mexico.

Same-sex marriage is banned in Honduras, Latvia and Uganda.

Full post as published by Legal Pad | LA on May 15, 2008 (boomark / email).