Gay Marriage Advances In Calif., New York

In this May 15, 2008, file photo, Sharon Papo, left, and her partner Amber Weiss fill out paperwork as they apply for an appointment for a marriage license at the county clerks office at City Hall in San Francisco. AP Photo/Tony Avelar

Barring a stay of a historic California Supreme Court ruling, gay couples will be able to wed in the state beginning June 17, according to a state directive issued Wednesday, and those nuptials may soon be fully recognized in New York.

California said it chose June 17 because the court has until the day before to decide whether to grant a stay of its May 15 ruling legalizing gay marriage.

Gay-rights advocates and some clerks initially thought couples would be able to wed as early as Saturday, June 14. The court's decisions typically take effect 30 days after they are made.

The guidelines from Mark Horton, director of the California Department of Public Health, to the state's 58 county clerks also contained copies of new marriage forms that include lines for "Party A" and "Party B" instead of bride and groom. The gender-neutral wording was developed in consultation with county clerks, according to the letter.

"Effective June 17, 2008, only the enclosed new forms may be issued for the issuance of marriage licenses in California," the directive reads.

A group opposed to gay marriage has asked the court to stay its decision until after the November election, when voters are likely to face a ballot initiative that would change the constitution to define marriage as a union between a man and a woman. Passage of the initiative would overrule the Supreme Court.

Under the Supreme Court's regular rules of procedure, justices have until the end of the day June 16 to rule on the stay request, according to the memo sent by e-mail to county clerks. Lawyers involved in the marriage case have said previously the court could grant itself an extra 60 days to consider the stay.

Meanwhile, following a memo sent to state agencies by the counsel to Gov. David Paterson, New York state will recognize gay marriages performed in other states and countries where the unions are legal, the governor's spokeswoman said Wednesday.

The directive orders state agencies, including those governing insurance and health care, to immediately recognize same-sex marriages legally performed elsewhere as valid in New York.

For years, gay rights advocates have sought recognition for gay marriages so couples could share family health care plans, receive tax breaks by filing jointly, enjoy stronger adoption rights and inherit property.

Many or all of these rights would now appear to be available to New Yorkers who legally wed same-sex partners out of state, according to the memo. Agencies have until June 30 to report back to the governor's counsel on how, specifically, the directive will change existing state benefits and services for gay couples.

A poll released Wednesday found that for the first time, about half of California voters support same-sex marriage.

The Field Poll found that 51 percent of respondents backed legalizing same-sex marriage and 42 percent opposed it. A 2006 poll found that 44 percent supported same-sex marriage and 50 percent objected; in 1977, the first year Field posted the question to California voters, only 28 percent were in favor.

"I would say this is a historic turning point or milestone," poll director Mark DiCamillo said. "We have speculated in the past there would be some time in the future when a majority would support same-sex marriage. Well, the lines have crossed."

The survey of 1,052 registered voters was conducted over the phone from May 17 to May 26 and had a sampling error of plus or minus 3.2 percentage points.

The poll's findings conflict with a Los Angeles Times/KTLA poll of 705 voters released last week that found 54 percent backed the proposed gay marriage ban and 35 percent opposed it.

Andrew Pugno, legal adviser for the coalition of religious and social conservative groups sponsoring the measure, said the Times poll is more consistent with his group's internal polling.

"We could acknowledge there has been increasing acceptance of the idea of gay relationships over the last 10 or 20 years, but we think when it comes to marriage there is still a solid majority who want to see it reserved for a man and a woman, and that is all this initiative is about," Pugno said.
  • CBSNews

Comments

CBSN Live

pop-out
Live Video

Watch CBSN Live

Watch CBS News anytime, anywhere with the new 24/7 digital news network. Stream CBSN live or on demand for FREE on your TV, computer, tablet, or smartphone.