California Republican State Court Rules in Favor of Gay Marriage

By Anastacia Mott Austin

For gay Californians, today’s landmark decision by the state supreme court was something to celebrate, as the state’s highest court sided with the city of San Francisco and agreed that a gay marriage ban was unconstitutional.

The mood was jubilant in San Francisco, where the case decided this week included 23 same-sex couples who had sued the state for nullifying their 2004 marriages.

In February of 2004, San Francisco mayor Gavin Newsom ordered city court officials to start granting marriage licenses to gay couples, saying that the state’s ban on same sex marriage was unconstitutional.

The clerks were ordered to stop issuing the licenses a month later, and in August of that year the marriages performed during the month of February were declared null by the California state supreme court, who said that Newsom did not have legal authority to issue the certificates in the first place.

However, 23 couples who had wed decided to sue the state, and were joined in their case by the city of San Francisco, which claimed it could not provide equal protections under the law to all of its citizens as long as marriages were restricted to only some of its population.

Said San Francisco’s City Attorney Dennis Herrera to reporters, "I'm profoundly grateful. This is a historic day."

"Everybody being entitled to equal protection under the law probably carried the day," added Herrera.

The 4-3 decision by a state court made up of six "cautious, moderate" Republicans and one Democrat came as a surprise to some.

But others say they could not have made any other decision, since the legal language and issues were so clear.

Since 1948, California’s constitution has clearly stated that every citizen has a right "to marry the person of his or her choice," and if that law is upheld, there can be no argument that same-sex couples have the same rights as everyone else, including the right of marriage.

"Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional," wrote justice Richard Kramer in the 121-page report, adding that the California constitution "guarantees same-sex couples the same substantive constitutional rights as opposite-sex couples to choose one's life partner and enter with that person into a committed, officially recognized, and protected family relationship."

A large part of the decision focused on the right to use the officially recognized term "marriage." The court stipulated that if same-sex couples really did have all of the same constitutional rights as heterosexual couples, as is required by California law, that would have to include the right to use the same word to define their relationships. Otherwise it’s not equal, said the court.

Justice George wrote in his decision that the ruling "will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage."

Groups opposed to gay marriage were disappointed by the ruling, and say they will use it as "fuel" to support a proposed amendment that is gathering steam for November’s ballot to uphold marriage as being only between a man and a woman.

Conservative groups have collected more than a million signatures to put an amendment into the California state constitution banning same-sex marriage. If it makes it onto the ballot, and if California voters approve the amendment, then this week’s ruling will be rendered null.

But that didn’t stop the elated crowd outside of San Francisco’s city hall from seeing the decision as a major milestone, and celebrating accordingly.

"We will not appeal this decision," said a joking Gavin Newsom to the appreciative crowd.

David Chandler, who was one of the plaintiffs in the case, told reporters, "I'm just cheering the joy. I'm feeling the joy all over. I feel that our kids will be well-protected when we have all the rights, responsibilities and benefits that married couples enjoy. The state of California has renewed my hope."