In a historic ruling sure to resonate across the nation, the California Supreme Court today ruled that no citizens of California are second-class when it comes to marriage rights.
In a 4-3 decision, the justices said the state's ban on same-sex marriage violates the "fundamental constitutional right to form a family relationship." The ruling is likely to flood county courthouses with applications from couples newly eligible to marry when the decision takes effect in 30 days.
The Governor of California, who has twice vetoed marriage equality bills passed by the legislature, will enforce today's Supreme Court ruling:
“I respect the Court’s decision and as Governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”
And we are reminded to be ever-vigilant, as out-of-state groups funded by bigots are still at work trying to enshrine discimination into the California constitution:
The celebration could turn out to be short-lived, however. The court's decision could be overturned in November, when Californians are likely to vote on a state constitutional amendment banning same-sex marriages. Conservative religious organizations have submitted more than 1.1 million signatures on initiative petitions, and officials are working to determine if at least 694,354 of them are valid.
If the measure qualifies for the ballot and voters approve it, it will supersede today's ruling. The initiative does not say whether it would apply retroactively to annul marriages performed before November, an omission that would wind up before the courts.
But today, fair-minded Californians and people everywhere celebrate: I am as good as you, and my California family is as good as any other. I cannot convey the joy I feel knowing that soon we'll have a marriage certificate in our home.
Thanks to all of you for your support.
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would be hard to believe in california they can gather enough votes to overturn this ruling
ooo, where shall we send the flowers!!!
TSF-a great day, indeed. Congratulations to you and your family!
There are some verrry
conservativebigoted folks in California.Congratulations Teddy!
If you will pardon the EPU perhaps this is more on topic here:
Just got off the phone with my daughter about the court ruling. She and her partner were married in Washington DC in a Unitarian church, with a Quaker Certificate of Marriage. The Certificate was used long ago when Quaker marriages were not recognized in the eyes of the state.
As far as we know theirs was the first Washington Post wedding announcement that used the phrase “were married” for a same-sex couple. My daughter can be very determined :) A sympathetic editor put their announcement at the top of the page of Celebrations.
They now live in California as domestic partners with some, but not all, of the legal benefits of being married.
It’s a complicated situation for same-sex couples. For example, they file state taxes as married, and federal taxes as single, since the federal government does not recognize their union.
It will be fascinating to see what changes occur as a result of the court ruling.
So when’s the wedding? *g*
What an great and historic day for ALL families!
We all benefit when two adults commit and oblige themselves to the care of another. And unless or until anyone can show me how a same sex marriage undermines my “traditional” marriege I say this ruling furthers civil and human rights.
Great news. Let California lead the way.
Teddy
Tears of joy for you, my cousin, and everyone who needed this so much. I am stunned and so grateful.
WHOOOOOP!!!!!!!!!!!!!!!
Tears here for MY cousin and the many beloved friends I have known for DECADES!
Thank God that sanity has prevailed! Can we has party now?????
This not good timing. There are a LOT of people who would support an anti-gay marriage to the Constitution and this will bring them out of the woodwork. This could turn a couple of states to McBush, possibly including Ohio and Penn.
It would have been much better if this ruling had been issued after the election, this will be raw meat to the far right and may get some of the stayathomes to vote for McBush.
Boxturtle (Equal Marriage will win, as long as we can avoid an amendment)
Just heard the governor won’t support an Amendment to Constitution! This is such great news!!!!!!!
(((TSF)))
OMgosh! this is great! Just when I thought liberalism was dead, they pass this. awesome. I’m not gay, don’t have tons of gay friends, but I always felt this was other people’s business and my church can just butt out, I mean, back out, I mean, oh you know what I mean. Love and tolerance baby!
Yay!! Congratulations!!
The ballot initative looms because the qualification threshold is pathetically low. Sanity has not yet prevailed enirely.
People would stop short of amending the Constitution and besides that, it is an almost impossible task. By the time they got it done nobody would care who got married. We do need to make sure that Big John and the large Supremes don’t step on what people clearly don’t really care about - except the fundies.
Statement from Mark Leno, my Assemblyman who has twice carried the California legislature’s marriage equality bill to the Governor’s desk, only to be vetoed:
Congratulations to Teddy and all our Gay/Lesbian friends !
California, Welcome to the 21st Century !!!
I’ve just never figured out why civil marriage laws should reflect religious marriage tenets….
No doubt fundies and those pols who use them will try to change the subject from the war and economy with this, as they have in the past. I don’t think the same rules apply to this election year and people paying $4 a gal aren’t going to be distracted as easily. At least that is my hope for 2008.
All seven justices appear to agree with the idea that everyone should have the freedom to marry; the three dissents are about the method (using the Constitution) rather than the result.
Gay marriage, flag-burning, and patriotic lapel pins will re-emerge as election “issues” regardless because the the GOP has nothing else to run on.
The Repugs were going to make their “3- Gs” are part of the election campaign anyways - God, Guns & Gays - it is central to their gameplan.
I think the example of Massachusetts shows people that the world will not end if gays marry.
Aren’t people really finished with these distractions? Don’t people care more about putting food on their family?
oh jeebus, that one got me, bawlin’ my cynical little eyes out !
((((Teddy and Family and all families denied full benefits of citizenship))))
People against gay marriage will now try to amend the State Constitution. The initiative process makes it way too easy to get these things on the ballot.
Well, it’s legal in the UK and Canada and their society certainly hasn’t crumbled
((( Teddy )))
Dugg this for you, but I don’t know how to include the Digg link…
I hope you’re right. But I fear you’re not. This will be a litmus test of any GOPer, to stand up to the gay DFH’s. In order to get a constitutional amendment, 3/4 of the states have to call for one. My bet is that if the Supreme court upholds this (they almost have to), more than half the states will pass such a request. 3/4’s is hard to reach, but they’ll have a heck of a start.
I actually think the Supremes will be on our side on this one. Freedom of religion and equal protection pretty much cover this.
Boxturtle (Watch the wingnut blogs for some REAL frothing soon)
That’s the Republic strategy eletion after election.
Me too. Hugs Teddy!
Sorry - I thought you meant the US Constitution.
The Republics just need to change the California constitution, not the US constitution. Changing the CA constitution is relatively easy.
I wish but there are a lot of people who are manipulated by this issue over and over and over again.
By the way Congratulations!
Canada has allowed Gay marriages since 2005. As our former Prime Minister of Canada, Paul Martin said, this is a Human Rights issue and the U.N. reiterates that point.
Denying Gays & Lesbians the right to marry is denying Human Rights, which contravenes the Constitution !
((( Teddy )))
When’s the “stag” party ? *g*
A toast to liberty- Ding!
Congrats Teddy!
And to be even more cynical, many folks in the other 49 are just going to sigh, roll their eyes and go “California”. I’d be far more concerned about the timing if this were say, Kentucky or Iowa.
The fundies have always hated or purported to hate gays/themselves (looking at you Rev Ted) and feel like it’s a reliable vote-getter. For some reason I suspect that $4 a gallon gasoline, foreclosures and shitty overall economics are not going to be laid at the feet of Teh Gay boogey-man this year very successfully. And Ah-nuld isn’t going to fight about it either…which might make a huge difference in the long term anyhow.
weird. sorry for the duplicate post, how did that happen?
This case is a state case and will not be going to the US Supreme Court.
There is some discussion now that the ruling may be stayed until the Secretary of State certifies the constitutional amendment initiative for the ballot. If the initiative qualifies, today’s ruling might be stayed until the vote this fall.
I don’t know where people are getting this idea, though. It seems to me that like any other ruling, it goes into effect in 30 days. There would thus be a “legal marriage” window between that time and, goddess forbid, when the initiative passes to amend the constitution.
I don’t know whether this is a real issue or not.
But I do know that Arnold’s opposition to the marriage amendment may help us out a lot here. Although his popularity is waning, it’s strong with the low-info voter who might tend to vote to enshrine discrimination in the state constitution.
Hopefully, the amendment will not qualify for the ballot. And if it does, we must defeat it.
actually I’m sure their rubbing their little cloven hooves together in glee over at the rightie sites - in light of the bloodbath they face in November, this is the closest thing to “good news” those klowns have had in a while
but Not This Time !!! hell, let this old waitress run the ad campaign - ’cause I got an answer to God, Guns, and Gays -
Grocerie$, Ga$, and George, Baby !
in your face !
It was twice as nice!
State constitution cannot overrule the federal constitution.
1st amendment, freedom of religion: If a church doesn’t want to marry a couple, the government can’t make them. If they DO want to marry a couple, the goverment can’t stop them.
14th Amendment, Equal protection: If the government allows civil unions between opposite sex couples, they must allow them between same sex couples.
That’s how I read it. I’ll bet Ca’s constitution does get amended, challenged, and overturned.
Boxturtle (But timing is important)
As happy as I am to see this ruling, I note that it is perfectly timed to turn the fall electoral campaign into yet another sideshow of God, guns, and gays. But you know what? Progressives can kick bigot ass any time, even during election years, so have at it!
Perfectly said. Clapping.
Grocerie$, Ga$, and George!
There’s our slogan for this fall.
nice.
Now down to business—does the ballot measure, supposing they have enough valid but bigoted sigs., have to just get 50% +1 or does it need a super majority?
I would hate to see this go down again.
But in the mean time, WOO HOO!
LOVE IT!!
and dying iraqis and soldiers
From Freedom to Marry:
Brilliant cbl2 !!!
Amen!
Totally off topic but this reminded me. I was once in the fundraising business and I went to a conference were the guy who was the chair of the board of directors of the Boyscouts of America spoke about what he called ‘the 3 G’s of being a member of a board.’ The 3 G’s are: Give, Get others to give, or Get OFF. He was tired of people on boards who do nothing but drink the coffee and eat the donuts.
I’ve noticed that once the voting booth closes, a lot of purported progressives vote “bigot”.
A cynical gay friend of mine once explained what he called the “Yuk factor”. This is what happens when Hetro males think about two men kissing. He said the movements plan is to highlight two GIRLS kissing, which seems to generate exactly the opposite reaction.
Boxturtle (I told him that was fighting dirty. I also asked for pictures)
Brilliant cbl2 !!!
Amen!
LOL
What about Iraq.
Groceries, gas, graves
From the National Center for Lesbian Rights:
(((Teddy and Patrick!)))
Maybe I’m just in a bad mood today but I’m sick of these liberal/conservative wedge issues. They both can go stuff it.
I’m down with Grocerie$, Ga$, and George tho.
Makes our four years, three months and two days seem like nothing.
Imagine waiting fifty-six years for this day!
yeah, graves better.
Groceries, gas, graves…by George.
Congrats Teddy. Happy for you even if I’m grumpy.
Timing is important, and this is long, long overdue.
I don’t care if this decision came out the day after the elections in the fall — the GOP would still whine and cry and carry on about it.
When I lived in CA, I lived on an old military base that had been closed and was in the process of being handed back over to the city for civilian use. Every house had a bracket for flying a flag, and during June I would fly the Pride Flag.
I wish my house in MO had a flagpole bracket, so I could do the same today.
I wanna be a bride’s maid, Teddy!
Woo hoo! PATRICK!!
lol :)
i’m totally against making anything illegal inwhich there is no victim
Thanks to each and every one of you for your kind words, congratulations, and {{ }}
Today is full of strange feelings. Joy and jubilation, yes — but I never realized how much of a second-class citizen I was, being a privileged white male, until I won this right to marry today.
Sometimes, I guess, you don’t know the effect of a barrier until it is lifted.
Special Book Salon upstairs hosted by emptywheel
xo<3 Teddy & Patrick E>ox
hope you have better luck with it than I did … ;-)
From one of my posts here at FDL, back in July 2006:
*raising a glass*
To Phyllis and Del, Teddy and Patrick E, and the others who have waited for far too long!
*ding*
Teddy,
From a small machine shop in rural central Texas, there is only acceptance and appreciation being expressed over this by my often bigoted coworkers. Very surprising.
Congrats to you and your partner.
The way to beat the religious right’s campaign to overturn this decision is to humanize the couples who want to marry.
I would suggest a campaign where recently married gay/lesbian people talk about their love for their partners, how happy they are to be married, how wonderful it was for them when they got married next year. To make it more subtle, if the spouse had a gender-ambiguous name, the speaker could go on for a bit without how wonderful their life with Pat or Chris or Dana is, how much marriage means, and end with “please don’t end my marriage”, and of course, the speaker would not look stereotypically gay or lesbian. While this won’t change the minds of the hard right, it will make a lot of difference to the people in the middle.
RevDeb,
50% + 1 of those voting.
It’s pathetically easy to get an initiative on the California ballot and once on, to get it passed. It doesn’t matter how stupid it is, if the proponents pander properly it has a chance.
I remember when Prop 13 passed, the SoCal landlord’s association put out ads in support of that bit of idiocy that said rents would go up drastically if Prop 13 failed. It passed: and rents went up drastically.
If I were still a Californian I’d be agitating for an amendment that put a two-tier system in place for referenda. If it was put on the ballot by the lege, it takes 50% + 1 to pass. If it’s a citizen’s initiative it takes 60% + 1. Maybe 67% + 1.
BC
Wow. I had no idea I was hitting the keys that hard…
Is it just me or are we having threaddy problems lately?
Not that easily.
The proposed initiative, the one they’ve been collecting sigs for, apparently doesn’t do anything to change the equal-protection clause, which is what the court used to make their ruling. It’s the same one as the one in 2000, defining marriage as one man and one woman, but not changing anything else.
Glenn’s got his take on the case up.
It sounds to me like the laws relating to CA constitutional amendments need amending. Badly.
In MA and from what I can tell in PA the issue has to pass both chambers of the state leg. in consecutive sessions and then it can be put on the ballot so essentially it takes 3 years of all of the cards falling in the same direction. We just escaped the first round 2 weeks ago when passing out of a senate committee somehow it got tabled so it’s dead this year. We’ll keep pushing back as long as the bigots keep pushing.
It’s not just you. Some would say the NSA is not happy about the Book Salon topic . . .
Congratulations in advance on your marriage.
coinky-dink of course.
Virginia is similar. I suspect that damned amendment is going to be the only lasting achievement of the brief ten years of Republican control of the VA legislature. Through the long period from when public opinion no longer supports it to when there’s a strong enough movement to get rid of it, it’ll be an embarrassing relic, like the old ban on interracial marriage (or the not-so-old one in Alabama.)
The Governor of California, who has twice vetoed marriage equality bills passed by the legislature, will enforce today’s Supreme Court ruling
Umm, I know I am noone to talk because I come from a state that cannot seem to retire Shays and Liarman (& we will, just be patient), but *when* are you guys going to get rid of that robotic Gooper governor of yours? Is the “religious” faction in California that bad? I say “religious” because there are times I consider myself quite religious, and I consider same-sex marriage a positive step forward into the 21st century, whereas lately we seem to be going back to the 19th c. a la Upton Sinclair.
I just asked my boyfriend of 38 years to marry me. He said “Sure.”
Latest FaBlog: Marry, Mary
Wish this had happened BEFORE the election. When it happened in Massachussets it turned the national election into a dumb ass discussion of people marrying dogs.
This is a good day on the planet.
It’s been a while since I could say I was PROUD to be a Californian.
Here’s a hat tip and a toast to all for which this means so much.
Geez, it’s almost like living in a normal world our here again . . . *G*
I know that things reach the court when they reach the court, and decisions are announced when they are announced.
But my tinfoil hat self looks at this timing and says, “Whaaaaat?!?”
The timing is just perfect for a God, Guns and Gays campaign by John McSame … and it’s going to tend to mobilize some wingnuts who might otherwise have stayed home.
If you’ll forgive a mixed metaphor the cat’s out of the bag, so I guess we need to make lemonade.
BC
Woo Hoo!!!!!
(((Teddy and Patrick)))
No area of law more fraught than marriage — Church and State have mucked with it since time immemorial. Property rights and religious enthusiasm are a toxic combo and that will never change.
I say the only better timing would have been sooner!