
California Supreme Court Upholds Same-Sex Marriage Ban (with video)
Ashley Surdin - Washington Post Staff Writer
LOS ANGELES, May 26 -- The California Supreme Court upheld a voter-approved constitutional amendment Tuesday that bans same-sex marriage in the state.
The court said, however, that those couples who wed in the state under an earlier opinion from the court, will be considered married.
The ruling comes after three months of deliberation and nearly a year after the court struck down state laws that similarly banned such marriages. Then, the court ruled that the laws were unconstitutional and that the unions were a "basic civil right." This time, factoring in a successful Nov. 4 ballot measure that defines marriage as a union "between a man and a woman" in the state's constitution, which trumps state laws, the court revealed its hesitancy to override the will of the people.
But Tuesday's ruling, which has been anticipated for months, hardly settles the matter. The recourse for gay rights activists now is to put the matter to voters again through their own initiative or take the matter to federal court.
On the eve of the ruling, Jennifer C. Pizer, a lawyer with the gay rights group Lambda Legal, which is representing one of the plaintiffs in the case, said advocates would look to another ballot measure. "All the legal and policy and political groups feel very strongly that the sensible course would be another ballot measure to undo Prop. 8," she said.
It's unclear how voters would respond to another ballot proposition. Some predicted that the recent legalization of same-sex marriage in Eastern states would sway California's highest court. Advocates hope those events would influence voters.
Thousands of same-sex marriage supporters and groups are expected to rally all day Tuesday throughout the state, including in San Francisco and West Hollywood.
Tuesday's ruling is the latest chapter in what has become a lengthy battle over same-sex marriage. The issue gained national attention in 2004 from San Francisco Mayor Gavin Newsom's directive to provide marriage licenses to same-sex couples. Thousands of couples descended on San Francisco's city hall on Feb. 12 of that year to obtain the certificates, but the California Supreme Court later nullified the unions, saying the city lacked that authority without a ruling from the court.
But the court provided that authority with its landmark decision May 15, 2008, which found that the state could prove no compelling interest in denying marriage. In the 4 to 3 ruling, Chief Justice Ronald M. George said the decision was based on the California court's first-in-the-nation decision in 1948 to end the state's prohibition on interracial marriage, nearly 20 years before the U.S. Supreme Court took the same action.
Marriage is a "basic civil right" guaranteed to all Californians, wrote George in the 121-page ruling; "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."
Some 18,000 same-sex couples married while opponents -- many conservative religious groups and politicians -- collected signatures for the Nov. 4 ballot measure known as Proposition 8. Approved by 52 percent of voters, the measure overturned the judges' decision and put an end to same-sex marriages.
Challengers to Proposition 8 contended that under the equal protection clause in the state's constitution, a majority of voters are not allowed to revoke equal rights intended for everybody.
Specifically, they argued, that kind of change is a "revision," not an "amendment." The distinction is important because revisions require two-thirds approval in the legislature and then a popular vote. Amendments can be approved by a popular vote only.
Tuesday's decision was an answer to those challenges.
VIEW VIDEO:
http://www.washingtonpost.com/wp-dyn/content/article/2009/05/26/AR2009052600363.html?hpid=topnews