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Wedding Bells For California Gay Couples

by Alethea (writer), Los Angeles, May 16, 2008

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The Supreme Court of California has declared gay marriage legal, but how long will this new proclamation last?

It was less than five years ago when the California Supreme Court voided numerous same-sex marriages for San Francisco couples. On voiding the 4,000 marriages, which were approved by San Francisco's mayor, the court determined that state law defined marriage as a union between a man and a woman. Starting today, the court has changed its tune, as thousands of gay couples rejoice. However, many are questioning if the various outraged conservatives will find a way to bypass the court’s ruling.

Ultimately, the court decided there are no specific laws limiting marriage to a man and a woman and likened the ban to the antiquated interracial marriage bans. Chief Justice Ronald M. George stated that, "In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation...". Although Chief Justice George spoke for the majority of the court, the decision to pass this marriage allowance was tight, a 4-3 vote to be precise. Other Justices, such as Marvin R. Baxter, feel that this interpretation is too radical and do not agree with the majority’s decision.

Despite the celebrating, many couples are already concerned this window of opportunity will close shortly. Opponents of gay marriage may ask the high court to reconsider its decision, while others are formulating certain restrictions to be added. Meanwhile, conservatives are trying to organize a new constitutional amendment that would overturn the Supreme Court’s decision and ban gay marriage. James Dobson, chairman of the conservative Christian group “Focus on the Family” stated in an email, “It will be up to the people of California to preserve traditional marriage by passing a constitutional amendment. ... Only then can they protect themselves from this latest example of judicial tyranny.”

Will Californians decide to uphold "traditional" marriages or embrace gay marriage as a long-time neglected human right? It is to be seen at the polls this November how this victory will ultimately pan out, but with an estimated 92,000 same-sex couples in California, there is a very good chance gay marriage is here to stay.



About the Writer

Alethea is a writer for BrooWaha. For more information, visit the writer's website.
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11 comments on Wedding Bells For California Gay Couples

Log In To Vote   Score: 3
By Alethea on May 16, 2008 at 08:27 pm

Well, I am sure it's a great, big, throbbing issue to a lot of gay couples.

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By Alethea on May 16, 2008 at 09:04 pm

Firstly, the majority of American voters may oppose gay marriage, but the number of people for it is steadily rising.  More specifically, this is a California issue, not a national issue, and if the majority of the state wants to oust it, it will happen in November.  Secondly, this goes completely beyond celebrity lesbians.  There are thousands of homosexual couples in California that truly love each other and feel they deserve the rights as every other married couple does, regardless of what their sex is.  Besides that, it goes even beyond same-sex couples to other people who feel this is a human rights issue, who may or may not be homosexual.

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By Lady D on May 17, 2008 at 11:36 am

I just can't understand why straight people would care if someone has the same rights as them.

Are straight people that insecure about thier hetrosexuality? If Leona Helmsly can leave her estate to her dog, well then gay rights should be a non issue.

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By Jen on May 17, 2008 at 01:42 pm

Right.  I dont understand why straight people care either.  Two homosexuals getting married doesnt make me any less heterosexual nor does it invalidate any union I would forge with a member of the opposite sex.  Its pretty sill in my opinion.

It really shouldnt be an issue.  You should be able to marry whomever you chose.  There was a time when it was illegal for a white person to marry a black person in some states.  That is no longer the case and some day we will look back on this and shake our heads.

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By Alethea on May 18, 2008 at 01:34 am

Again, this may be a meaningless issue to some, but it's not to a lot of other people.  Because well, this IS a human rights issue.  Whether you're gay or straight, you can be concerned if there are people that are being discriminated due to human rights violations. 

According to Article 16 of the Universal Declaration of Human Rights, "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution."  Sounds like marriage is a human right to me...

El G - Obviously you're entitled to your opinion on the matter, but I don't think it's fair to generalize your feelings to the public.  If you feel it's such a meaningless issue, then I don't understand why you're taking the energy to criticize it so much. 

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By Alethea on May 19, 2008 at 06:35 am

1.) I have comprehended that you don’t believe gay marriage is a right.  However, this concept is open to debate. 

Yes, I am aware the UDHR was a declaration (which we helped draft and support) adopted by the UN.  Although it is non-binding, most American leaders support its articles.  However, if you’re still not convinced a Universal Doctrine is applicable, we can examine more “relevant” sources….

The human rights that are protected by our Constitution are vaguely stated.  Examples of this would be life, liberty, freedom of expression, etc.  Liberty, for example, is one of the indistinct rights that could be argued to include someone having to right to marry who they want.  Alternatively, you can look at the same-sex marriage restriction as unconstitutional (which was what our Supreme Court ultimately did).  Denying rights/benefits without due process is violating the 14th Amendment, and many proponents have drafted arguments concerning same-sex marriage bans that show this violation.  Nationally, human rights exist because these norms are created by legislation or judicial decision. Thus, many can argue (with purported evidence) that same-sex marriage bans are a human rights issue. You can also argue with the various Human Rights resources that include same-sex marriage bans as a HR violation.  I’m obviously not the only person who feels this way. 

2.) I never said the majority of Americans agree with me either.  If you want to look at the Gallop polls, yes, 56% of America does not believe same-sex marriage should be considered legally valid.  However, the Gallop polls show that the agreement for same-sex marriage has risen since 1997.  Also, it shows that support for same-sex marriage IS the majority in the West and the East; it’s in the Midwest and the South where the majority believes it should not be valid.  It looks like considering my region, I am in the majority.  Again, this article was about California. If you want to look nationally… an amendment that would strictly define marriage between a man and a woman (and thus banning gay marriage), only 49% of America favors it.  48% is opposed.  Hmm… a 1% difference.  Shocking, I know. 

3.) Yes, it can also be argued that the California Supreme Court has overstepped its boundaries on this issue… and of course, it is not the function of the judicial branch to create laws, but it is their function to interpret.  Hence, deem what is constitutional and unconstitutional… which is what they did. 

In sum, I understand you think this is a non-issue, and it very well may be to you… but the crux of my point was…it is an issue… possibly to a lot more people than you think. 

Thanks =)

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By Rose Mountain on May 20, 2008 at 03:30 am

Alethea thanks for publishing this article, hopefully universal human rights will soon triumph and thrive on this planet...life, liberty, the pursuit of happiness.

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By icanluvulongtime on May 20, 2008 at 05:21 pm

i think that everyone should have the right to help divorce rates to continue to soar off the charts, same and opposite sexed couples.  but that's just me.

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By Delores Williams on July 07, 2008 at 05:52 pm

why does everyone care who someone else is sleeping with? At least they want to get married, unlike all the "wife imitators" who shack up with someone and get nothing, but a term of endearment, if that. They are the ultimate problem with this country, not people who want to get married, but can't.

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By Atalia88 on June 07, 2014 at 04:28 am

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By Bolka88 on June 27, 2014 at 06:46 am

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