California High Court Refuses Stay; Gay Marriages to Proceed

By Anastacia Mott Austin

It’s official. As of June 17th, gay marriage is legal in California.

On May 15th, California’s State Supreme Court voted that a ban on homosexual marriage was unconstitutional. The court declared that if gay citizens were to be afforded all of the same rights as straight people, as the California constitution states, then marriage could not be denied.

Gay rights’ groups celebrated the ruling as a landmark decision that would help sway the nation’s view of gay marriage.

In fact, polls taken since the ruling have reflected just that, with a small majority of Californians saying they supported gay marriage. This is a change from an earlier poll several years ago, in which the majority of voters were against homosexual marriage

In addition, while conservative groups were quick to amass enough signatures to put a gay marriage ban proposal onto the November election ballot, voters have always been loathe to take away people’s rights once they have been granted.

California’s "governator," Arnold Schwarzenegger, has said that he would oppose such a ban, for what that’s worth.

In other states that have legalized gay marriages, like Massachusetts, public opinion became more accepting over time, as people could see there was no unraveling of the greater social fabric when their gay neighbors and friends married.

"People will see their friends, neighbors and co-workers engaging in this very cherished ritual, and I believe it will continue to push the California voting public in the direction of assuring that the Constitution does not treat people differently," said Kate Kendell, executive director of the National Center for Lesbian Rights. The NCLR represented lesbian couples who challenged the state’s ban on gay marriage.

This underscores the feelings of those who say that voters rarely vote to remove an individual’s civil and constitutional rights.

But it’s not up to the courts to decide for the people, say representatives from groups opposed to gay marriage. "If any same-sex marriage licenses are issued before November, the passage of the constitutional amendment will make them invalid and invisible," said Matthew Staver, an attorney for the Campaign for California Families. Added Staver to reporters, "I don't believe at the end of the day the people will allow four judges to rewrite marriage."

The court’s response to this argument has been that it is not deciding an issue for the people, but upholding the constitution of the state of California as it is written.

Potential votes and possible problems aside, the mood was celebratory in the city of San Francisco, where it all started in 2004 when mayor Gavin Newsom decided that city clerks should start issuing marriage licenses to gay couples.

This time, it’s legal. Judy Appel, a representative from Our Family Coalition, an advocacy group for gay couples with children, told reporters, "Today is a great day not only for every lesbian and gay couple who wants to get married, but for every Californian who believes in fairness and equal opportunity for all."