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Cali Couples Can Now Get Hitched!
May 15, 2008 - 11:06am — Kelly McCartneyIn a fairly bold move, the California Supreme Court today overturned a ban on gay marriage that California voters approved back in 2000. This means that California is on its way to becoming the second state, after Massachusetts, to allow same-sex marriages. Reports are saying that couples can begin to be married in about 30 days.
The battle has not been an easy one, even in a state most folks consider extremely progressive. The decision eked by with a 4-3 split of the Court, even though six of the judges were appointed by Republican governors. In recent years, the California Legislature has passed two laws legalizing gay marriage, but both efforts were vetoed by Governor Arnold Schwarzenegger in his attempts to honor the will of the voters. However, in the run-up to today's decision, he had started to back away from his opposition. Last month he told Log Cabin Republicans that attempts to amend the California Constitution in order to permanently ban same-sex marriage was "a total waste of time" and that he would fight those efforts.
The landmark case that was decided today was built on a series of lawsuits opposing the voter-approved law that defined marriage as only a union between a man and a woman. Leading the charge of plaintiffs, the City of San Francisco compared the law to a ban on interracial marriage that the state Supreme Court struck down in 1946. The other plaintiffs were 14 same-sex couples and two organizations, Equality California and Our Family Coalition.
Lead counsel Shannon Price Minter, who is also Legal Director for the National Center for Lesbian Rights, said, “This is a historic and landmark day for those who value fairness and opportunity. The court’s decision today upheld the highest ideals of equality that are embodied in the California Constitution.” He added: “There is no more important and deeply personal decision than whether to take on the commitment of marriage. With today’s ruling, the California Supreme Court declared that lesbians and gay men have an equal right to make that cherished commitment.”
Drafted by Chief Justice Ronald George, the court ruled: In light of the fundamental nature of the substantive rights embodied in the right to marry — and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society — the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation.”
The court also noted: “Furthermore, 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, and, more generally, that an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights. 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.”
- Kelly McCartney's blog
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121 Comments
"A monumental day... Don't take it away."
This was HUGE and my girlfriend and I received more text messages on May 15th than ever before! :)
We custom design apparel for lesbians and gays, and have designed 2 shirts/tanks/sweatshirts to celebrate the decision made on May 15th! www.myspace.com/freedomweardesigns
We traveled to Long Beach last weekend for the pride festival and sold out of every one. We wished we had taken more! For some reason we didn't think everyone else would be as excited as us! *DUH*
"So, when are you guys getting married?" We've been asked this a million times. The concept of being able to get married is NEW, so give us some time. ;)
~Loren
A shout out to GLAD
I'd like to give a shout out to GLAD in Boston (as opposed to our pals GLAAD ~ bahh when say it, it's more fun) & their allies for getting the ball rolling, first with Civil Unions in Vermont (which WAS a crucial first step), followed up quickly (in legal years) with equal marriage in Massachusetts.
A lot of groups worked together to get there, and keep it. So yeah to GLAD, The Vermont Freedom to Marry Coalition, MassEquality and the Mass Lesbian & Gay Political Caucus, too, for strong leadership, cooperation and patience!
When you can, throw your $ and volunteer time at the organizations in your area that make these things possible! We still have the ballot initiatives to face!
I got goosebumps
when I watched the video of Ellen making her announcement to marry Portia...between Portia crying, Ellen fighting back tears of joy and the reaction from audience...wow!!
******
"Change is created by those whose imaginations are bigger than their circumstances." Unknown
I cried too
Just watched the clip yesterday, and it made me cry. I'm so happy for all the gay couples out there who can finally publicly make that commitment and have the same rights as hetero couples.
Wow... Ellen is 50 years old and can finally say for the first time that she's getting married. That's really something. Ellen is such a great person--incredibly funny, talented, successful, and most of all has a big heart. It's no wonder Portia is madly in love with her. The two of them are so cute together--I saw them at the GLAAD awards a couple weeks ago. I wish them and all the other now-engaged couples all the happiness in the world.
-------------------------------------------------
http://www.PinYoung.net
Watch the lesbian & geek web series I star in! ShutdownTV.com
Yay for Ellen
It's nice to see her happy (and Portia too). Here's the youtube clip:
http://www.youtube.com/watch?v=6RutN0WBMg8
Me Too
She's pretty incredible. She stands out as an example for those people who are on the fence about the constitutional amendment and could easily vote against it. What's even better, she's doing it for love and not for politics. YAY
Lezbeth
Woohoo !! I am from the UK
Woohoo !!
I am from the UK and I was lucky enough to be able to get married here a few years ago (even though unfortunately that marriage is now over ) and it makes me happy to think that you ladies across the pond can finally do it as well now :)
I was wondering how this may affect immigration rights, or if they will remain the same, because in the UK if you are in a Civil Partnership with a foreign national then they get automatic rights to reside in the UK........will this happen to anyone who marries a US citizen or will they still be forced to live apart
xx
Unfortunately, the US
Unfortunately, the US Constitution does not include sexual orientation as a protected class of people. Individual state Constitutions are allowed to afford greater rights than the US Constitution as California did by including us as a protected class.
So as immigration is a Federal issue, my legal opinion would be that immigration rights for same sex couples will not be available until the Federal Constitution is amended to include sexual orientation as a protected class. However, I'm not an expert on Constitutional Law, but am drawing on my recall of my Constitutional Law class taken in 2001.
That's great news!
That's great news! The only thing that bothers me is the fact, that only 2 of 50 states have such law. On the other side it's nevertheless the second step... :)
ellen degeneres
heyyy, that's sweet... i live in brazil and around here that's like... a dream yet.
ellen degeneres announced her marriage in california and it will happen on my bith day :)
July, 7
=D
sooo cool
YES!!!!!!!!!! This is very
YES!!!!!!!!!!
This is very good news. =D
I hope the other states follow soon. Choice!
At last...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
California
is the ground breaking state. It seems the state passes what the public views as the "controversial laws" and shortly after all the other states follow suit. Go to love the state of California.:)
*Please do not use that self help jargon on me. I will barf*
-ahem-
don't forget, massachusetts has had gay marriage for a couple of years now. it's about time some other states joined us out here on the front lines! now if we can just get rid of DOMA....
Please
don't refer to California as Cali - gross. It's like calling San Francisco - "Frisco..."
But in other news - wahoo on the news!
The Swingin' A's
Wedding Bells
Just read this morning that Ellen and Portia are planning to wed^^ Congrats ladies!! :D The announcement should be in today's show^^
Peace & Love,
P~
!!
so very exciting!
Tibette wedding Season 6
There is already noise about an amendment to the California Constitution to reverse this landmark decision.
Let's take advantage and celebrate with a Tibette wedding and support the decision.
Ballot Initiative near approval
The ballot initiative which seeks to alter and amend California's constitution to permanently ban same-sex marriages, as well as a ban on granting of rights and privileges normally associated with marriage (such as child custody, inheritance, visitations, etc).
Currently, the California Secretary of State is counting and validating the over one million signatures gathered in record time, nearly double what was needed to place the amendment on the November ballot.
Donations are being accepted by EqualityForAll.com, the only authorized umbrella organization. They will make sure ALL monies get to Equality California and the National Center for Lesbian Rights, the main two groups who helped fight this battle with the plaintiffs. If you donate to any other group, the money will not go to fighting the constitutional amendment, and quite likely could go towards its passage. Equality California, Our Family Coalition, NCLR, and the ACLU were the ONLY organizations who helped the plaintiffs. All the rest fought against them, claiming political motives as justification.
DO NOT DONATE TO HUMAN RIGHTS CAMPAIGN! HRC is attempting to claim credit for this case in order to raise $10 million dollars, allegedly to fight the ballot initiative. In fact, HRC refused to help the plaintiffs, told them to not fight for their rights, and told them their case could not be won. Any monies donated to HRC will not go to fighting the proposed constitutional amendment in California, but will instead go towards HRC's overall national campaign, whatever that is today.
Illegitimi non carborundum
I was thinking the same!
They should defiantly write that in S6, since the show is based in LA, I would like to see them write the reactions from all the characters. That triggering Bette and Tina to legally marry!
thrilled and outraged
I am thrilled at this ruling coming down. At the same time, I am outraged that basic civil liberties are still not afforded to the LGBT community. It is 2008, yet we still have to fight and fight to have our love considered the same as a heterosexual's love. What is there not to understand? love between two consenting adults is just that, LOVE. Everyone should have the option to marry and have it reconized in the same light, if that is what they want. Love is Love. In this moment I am going to take in this victory, but we still have 48 more to go!!!!
my sweet kelly
if it weren't for your terrible taste in candy, i'd totally propose.
YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1
Ok i need a roommate! Im moving right now!
------------
"You can bind my body, tie my hands, govern my actions: you are the strongest, and society adds to your power; but with my will, sir, you can do nothing."
- George Sand
Hey, Itchy!! What city?......
I'm itchin (tehehe) to get out of Texas! Too damn hot here!! LOL
DISNEYLAND! and you have to move i wanna make a band!
Theres a band in spanish called "ratones paranoicos" (paranoics mouses) we can do the same! whoooozaaaa
Hey i can play the keyboard!!!!!! and we have a roomie DJ with us ANTISTAR
------------
"You can bind my body, tie my hands, govern my actions: you are the strongest, and society adds to your power; but with my will, sir, you can do nothing."
- George Sand
SWEEEEET!.......
But, what do I do with my cat?? LOL. hehehe. :D
Haha!
No doubt! Kudos, Cali!
Hey ANTISTAR!Do you wanna move with me?
You are a vet....i'm a mouse....isnt it a perfect match for room mate????????????????
------------
"You can bind my body, tie my hands, govern my actions: you are the strongest, and society adds to your power; but with my will, sir, you can do nothing."
- George Sand
Hey, ITCHY & ANTISTAR! How about moving to FRISCO?
LOL!! I'm just messin' with Bongwater up there!! tehehe. :D
What a moment to witness...
We've all been apart of the struggle ... so a taste of victory is that much sweeter.
GOOD OLE CA !!
Well, we've finally been invited to dinner and not just dessert! My partner of 19 years and I have been recently thinking about doing the Domestic Partnership thing here in CA in order to get on her health care plan. Now we have some thinkin to do! ATK
CHEERS!!! HURRAY!!!
CHEERS!!! HURRAY!!!
Aww
I'm so happy! congrats california!
We're movin' on up!
Movin' on up...
my humanities class actually
my humanities class actually counted down the minutes until the news was announced. several of the students started crying tears of joy when we heard it was legal!
it's an incredible feeling, and extremely empowering, to see that we really DO have an affect on the governments decisions.
this gives me hope that things in the united states could finally be changing, and hopefully for the better.
I Cried When I Heard The News
I'm a native Californian and I was in shock when Prop 22 passed 8 years ago.
But today when I heard the news I just cried.
After all these years, civil rights for all might possibly be a reality. It's closer then it's ever been before.
It makes all the years of disbelief and heartache over this pervasive, conservative, right-wing, back-lashing administration worth the agony.
It's great to be alive in this time and place.
Congratulation...
Congratulation california folks..........!!!!
I think there will be a marriage on TLW next season....yay..!!
SHOLLY FOR LIFE
Well, well,
now we can write in that Bette and Tina California wedding - let the TiBette wedding debate begin!!!!!
Thanks for the info, Kelly. Going back to Louisiana to work - I'll have a beignet and coffee for ya! See ya back here in a couple of weeks!
Nothing but love
Tex
Yes be careful out there
Yes be careful out there Tex. :) Hi Alix!
Be careful ....
...out there, Tex - come back to us in one piece when you're done hopping around those roofs. Holler if you need some help.
Sisterhood,
Alix
You got it, Hon!
I'll be talkin' with ya!!!
Nothing but love
Tex
It's About Time!!!
This has been a long fight. In 1999 out-of-state religious extremist groups came into California, and convinced most of the state that if same-sex marriage were allowed, it would result in heterosexual marriages being destroyed.
At that time, I and other transgender women had the right to marry whomever we chose. When Proposition 22 passed, we lost the right to marry. Then George W. Bush annulled any existing marriages involving transgender persons.
Now, with the courts having struck down Proposition 22 as unconstitutional, my right to marry whomever I choose has been restored. In addition, I can now perform the marriage ceremonies for the many gay and lesbian couples I know, in addition to those heterosexual couples who wish to marry.
But, if you think this battle is over, think again. Right now, evangelical religious extremist groups from around the country are descending upon California like an angry swarm of fire ants. Nearly all are from outside California. They will be at every public place trying to gather the necessary signatures needed to introduce a constitutional amendment that not only would ban our right to marry, but would make such a ban permanent.
And groups like HRC will also swarm in as well, begging for your cash and promising to help us all. But, if you will notice from this article, HRC was NOT part of the battle in California until very recently. These are the same people who promised to fight for my rights, took my financial support, and then threw me under the political bus in the name of incrementalist politics. They are here for our money only, and will dispose of our rights just as quickly if it becomes politically expedient.
Stick to those who have fought hard from the beginning. Equality California and Our Family Coalition have been in this fight from the very beginning. They have been in the trenches with us all the way, while HRC and similar lobbyist groups were too busy schmoozing at high priced cocktail parties in Washington DC to care one bit about what we were up against.
Oh, and for those of you from outside California? We are not like Massachusetts, which requires you be a resident to marry. So plan that wedding and honeymoon, and welcome to California! This summer we're gunna sizzle!
Illegitimi non carborundum
Marriage Material?
Wow, I never thought of myself as marriage material, but being a Californian, I guess this changes that!
About a constitutional amendment. The good news is that they require 2/3 of the vote (I believe) to pass. Most ballot initiatives that merely change statutory law (like the one the court overturned today) can pass by a simple majority of the vote. Because constitutional amendments require a much larger percentage of voters to pass, I'd be surprised if that many Californians would vote for it.
Lezbeth
Never underestimate the power of hate groups
Proposition 22 passed by better than a 3/4 majority, because out-of-state religious extremist groups, mostly from Colorado, used fear, stereotypes, and bigotry to frighten Californians into believing that same-sex marriages would mean only same-sex marriages would be valid, that next would come marriages involving close relatives and farm animals, and that every child would be required to be homosexual.
I'm not kidding. As ridiculous as it seems, most Californians believed the hysteria brought about by these religious hate groups posing as Christians.
And, thanks to Bush's Faith Based Initiative, they have literally billions of your tax dollars to wage a media and political war with.
No, this fight isn't over, not by any stretch of the imagination.
Illegitimi non carborundum
hey medicine woman
spot on. hate to be the kill-joy but it's true. why don't these people put all their energy into something useful for once. one would think that their ridiculous extremism would hurt them more than help them. i saw an interesting poll not too long ago on cnn that showed that about half of catholics believe in a woman's right to choose and another 42% support gay marriage. i was shocked, but then not so much considering that it's always the radical fringes that get all the attention. maybe more people are more moderate than we think??? or maybe it was just bad polling and the people who identified as christian weren't so much.
i think people have to be made more aware of how civil unions are not the same as marriage, as was evidenced in connecticut and vermont. the use of the word "spouse" in many laws makes civil unions ineffective. seperate is not equal. people also have to be educated on how the use of the bible as a reason to be against gays is completely erronous.
i think with time, things will get better, as younger generations come more into play. in the end, i think we will need a federal law to provide full equality. why should gays, even in states with marriage protections, pay federal taxes and into social security when they won't get the benefits? no taxation without representation, right? i thought that the 14th amendment was pretty clear in that no state shall deny any of its persons equal protection under the law.
also, bush's payments to religious groups overseas, such as in africa, has also funded discrimination and crimes against gays. whatever happened to seperate of church and state???? how is this possibly legal?
Nada behind the bamboo tree
Cheers!
california
can you feel the wave?
Congrat Cali!
Wonderful news. This is a day to just take it all in and celebrate no mattter where you live. Grace, I agree with you 2 down 48 to go but this is an enourmous step. I live in a state, Virginia, where we took a step backwards in 2006 against any protection of nonmarried couples gay or straight. So Equality Virgina has a long road to get back what we lost. So to see California reach this decision and that is was made by primarily Republican appointed judges, gives us all hope for change and equal rights.
KiKi
aww im soo excited!
aww im soo excited! hopefully next it will be new york..makes sense..<3
New York will recognize out of state marriages
New York law recognizes marriages, and marriages, performed outside of New York State for New York residents. This includes same-sex marriages, thanks to Massachusetts and Canada.
Massachusetts has a residency requirement to marry. Canada and California do not. I just got off the phone with the county clerk where I live, and they said in about 30 days any couple, regardless of gender, regardless of residency, can marry. Only those of us officiating the marriage must be from California (since we have to turn in the paperwork and so forth).
Illegitimi non carborundum
This is awesome, now I/we
This is awesome, now I/we can get married ;even though I don't have anyone to get married with right now, but it's ok, although getting married is not one of my biggest dreams, but I'm still very happy and excited.
I hope this lasts forever and fires up a movement through out the country or even the world.