Equal Marriage in California

California has, today, become the second American state to allow equal marriage for all people, regardless of sexual orientation. In a 4-3 ruling, the California Supreme Court overturned the statute defining marriage as between a man and a woman. The reasons of the Majority, written by Chief Justice George, contain several clear explanations of why LGBT folks are entitled to equal rights, and why "separate but equal" civil unions/domestic partnerships just don't cut it. First the Chief Justice had this to say:

Furthermore, 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, and, more generally, that 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. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, 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.

He added this:

Second, retaining the traditional definition of marriage and affording same-sex couples only a separate and differently named family relationship will, as a realistic matter, impose appreciable harm on same-sex couples and their children, because denying such couples access to the familiar and highly favored designation of marriage is likely to cast doubt on whether the official family relationship of same-sex couples enjoys dignity equal to that of opposite-sex couples. Third, because of the widespread disparagement that gay individuals historically have faced, it is all the more probable that excluding same-sex couples from the legal institution of marriage is likely to be viewed as reflecting an official view that their committed relationships are of lesser stature than the comparable relationships of opposite-sex couples. Finally, retaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise — now emphatically rejected by this state — that gay individuals and same-sex couples are in some respects “second-class citizens” who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples.

Those two excerpts from the decision eloquently make the case for equal marriage.

The forces of acceptance have won the battle, but the forces of bigotry and hatred haven't yet given up the war. They have one last play: an attempt to change the constitution of California to return to unequal marriage. This attempt will likely be on the ballot in California in November. If that battle is won, then it will truly be a time to celebrate.

That is not, of course, to play down the incredible victory that today's ruling represents. Thousands, if not millions, of Californians will be able to marry the person they love now, and that is certainly a cause for joy.

I salute the judges of the California Supreme Court for coming to the right decision, and I hope that the people of California will see fit to reject the ballot initiative to entrench bigotry in California's constitution. For anyone interested in reading the decision, the following link will take you to the PDF version of the ruling.


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