Same sex couples in California are celebrating a victory on the road to full equality in issues of marriage.
The California Supreme Court, in a 4-to-3 ruling, struck down two laws defining marriage as solely between a man and a woman. The decision will become effective in 30 days, and will make California the second state in the nation allowing gays and lesbians equal treatment under the law when it comes to marriage.
Writing for the majority, Chief Justice Ronald M. George said, "In view of the substance and significance of the fundamental constitutional right to form a family relationship." He went on to add, "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."
The court did leave open the possibility that the state Legislature could call a state sanctioned union something other than marriage. It would, however, have to be applied to all couples.
In my opinion, that's where things start getting tricky. What does a state call a civil recognition of a commitment between two people if not marriage? There are already groups campaigning to amend California's constitution to place a ban on same-sex marriage. If the Legislature steps in and decides all unions are to be called civil unions, I think that would add fuel the the amendment fire.
Maybe I'm just getting cynical in my old age.
I am happy to see the court rule that the current laws are unequal, I just worry about the possible backlash this political season. This wouldn't be the first election year that we've been thrown onto the sacrificial alter by the Republican party to show that they are the only moral ones to run this country.
While this is a great victory for GLBT people across the nation, I just hope everyone remembers we still have a long hard fight ahead of us. We must not let our guard down for one moment because of what has happened in California. If anything we need to mobilize and work even harder in states, such as my home state of Texas, that have already passed constitutional amendments banning marriage and get them removed.
The California Supreme Court, in a 4-to-3 ruling, struck down two laws defining marriage as solely between a man and a woman. The decision will become effective in 30 days, and will make California the second state in the nation allowing gays and lesbians equal treatment under the law when it comes to marriage.
Writing for the majority, Chief Justice Ronald M. George said, "In view of the substance and significance of the fundamental constitutional right to form a family relationship." He went on to add, "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."
The court did leave open the possibility that the state Legislature could call a state sanctioned union something other than marriage. It would, however, have to be applied to all couples.
In my opinion, that's where things start getting tricky. What does a state call a civil recognition of a commitment between two people if not marriage? There are already groups campaigning to amend California's constitution to place a ban on same-sex marriage. If the Legislature steps in and decides all unions are to be called civil unions, I think that would add fuel the the amendment fire.
Maybe I'm just getting cynical in my old age.
I am happy to see the court rule that the current laws are unequal, I just worry about the possible backlash this political season. This wouldn't be the first election year that we've been thrown onto the sacrificial alter by the Republican party to show that they are the only moral ones to run this country.
While this is a great victory for GLBT people across the nation, I just hope everyone remembers we still have a long hard fight ahead of us. We must not let our guard down for one moment because of what has happened in California. If anything we need to mobilize and work even harder in states, such as my home state of Texas, that have already passed constitutional amendments banning marriage and get them removed.
California
Gay Marriage
Gay News
