California Overturns Gay Marriage Ban

State Supreme Court Ruling Paves Way To Become Second State To Allow Same Sex Marriage

(CBS/AP)  In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the nation's biggest state to tie the knot.

Domestic partnerships are not a good enough substitute for marriage, the justices ruled 4-3 in striking down the ban.

Outside the courthouse, gay marriage supporters cried and cheered as the news spread.

Four years ago Jeanne Rizzo and her partner Pali Cooper joined the flood of gay couples getting married at San Francisco's City Hall - but they were in line to get married when the State Supreme Court ordered the ceremonies to stop, reports CBS News correspondent John Blackstone.

Thursday, Rizzo phoned her partner of 19 years from the courthouse steps. "I don't know the details of the ruling but i think we're getting married pretty soon," Rizzo said.

In the Castro, historically a center of the gay community in San Francisco, Tim Oviatt started crying while watching the news on TV.

"I've been waiting for this all my life," he said. "This is a life-affirming moment."

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted the monthlong wedding march that took place when Mayor Gavin Newsom opened the doors of City Hall to same-sex marriages.

"Today the California Supreme Court took a giant leap to ensure that everybody - not just in the state of California, but throughout the country - will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.

The challenge for gay rights advocates, however, is not over.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution.

The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures to qualify the marriage amendment, similar to ones enacted in 26 other states.

If voters pass the measure in November, it would trump the court's decision.

"This was a bitterly divided ruling with one of the dissenting judges calling it the majority reasoning a case of 'legal jujitsu,' the creation of constitutional rights where none should have existed," says CBS News legal analyst Andrew Cohen. "I think that means we'll now see this move into the political realm -- with perhaps an attempt to amend the constitution to explicitly prohibit these sorts of marriages.

"Because there was such a slight consensus here, a 4-3 ruling with a concurring opinion, other state court judges who want to look to this case for guidance will really be able to find whatever they are looking for now matter which side of the issue they are on. And that pretty much eliminates the precedential value of this ruling beyond California's borders," Cohen said.

"The majority declared that the distinction between traditional marriage and same sex marriage, as recognized and established by the state legislature, cannot withstand constitutional scrutiny and that the alternative, domestic partnerships, just don't serve as an adequate substitute as a matter of law," Cohen added.

California already offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support.

But, "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," Chief Justice Ron George wrote for the court's majority, which also included Justices Joyce Kennard, Kathryn Werdegar and Carlos Moreno.

In a dissenting opinion, Justice Marvin Baxter agreed with many arguments of the majority but said the court overstepped its authority. Changes to marriage laws should be decided by the voters, Baxter wrote. Justices Ming Chin and Carol Corrigan also dissented.

The conservative Alliance Defense Fund says it plans to ask the justices for a stay of their decision until after the fall election, said Glen Lavey, senior counsel for the group.

Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would've granted marriage rights to same-sex couples, said in a news release that he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

The last time California voters were asked to express their views on gay marriage at the ballot box was in 2000, the year after the Legislature enacted the first of a series of laws awarding spousal rights to domestic partners.

Proposition 22, which strengthened the state's 1978 one-man, one-woman marriage law with the words "Only marriage between a man and a woman is valid or recognized in California," passed with 61 percent of the vote.

The Supreme Court struck down both statutes with its sweeping opinion Thursday.

Lawyers for the gay couples had asked the court to overturn the laws as an unconstitutional civil rights violation that domestic partnerships cannot repair. A trial court judge in San Francisco agreed with gay rights advocates and voided the state's marriage laws in April 2005. A midlevel appeals court overturned his decision in October 2006.

[nothappyatall]

Posted to another author:

" because it reveals your sin that you so proudly practice."

Theres no such thing as ''''sin'''' that is a chrustacean invention and concept, just like Vishnu doesnt apply to you ''''sin'''' doesnt apply to anyone else

" but some of us knew it was wrong."

''''knew'''' it was wrong? you ARE aware of the fact that the only reason that would be is because of the PARENTS
teaching their kids- just as they did in the 1850s when they taught and showed by daily example- that black people were sub-human and were valuable only as SLAVES, and for how much free work they could be forced to do for whiteys.
Kids were ALSO taught that women were worth less than the MAN and that the MAN was somehow superior because he has two nuts.
In the old days society even put ANIMALS on trial in the courts, reasoning they were responsible for all their actions and could be tried and executed like a person for ''''crimes''''
We now know that was all WRONG, and so, we no longer put animals on trial in court.

[nothappyatall]

Posted to another author:

" because it reveals your sin that you so proudly practice."

Theres no such thing as ''''sin'''' that is a chrustacean invention and concept, just like Vishnu doesnt apply to you ''''sin'''' doesnt apply to anyone else

" but some of us knew it was wrong."

''''knew'''' it was wrong? you ARE aware of the fact that the only reason that would be is because of the PARENTS
teaching their kids- just as they did in the 1850s when they taught and showed by daily example- that black people were sub-human and were valuable only as SLAVES, and for how much free work they could be forced to do for whiteys.
Kids were ALSO taught that women were worth less than the MAN and that the MAN was somehow superior because he has two nuts.
In the old days society even put ANIMALS on trial in the courts, reasoning they were responsible for all their actions and could be tried and executed like a person for ''''crimes''''
We now know that was all WRONG, and so, we no longer put animals on trial in court.

[nothappyatall]

"If you were so secure in your homosexual behavior, you wouldnt seeth with anger at the posts on here against it.
Deep down inside, you know it wrong."

Thats a hoot, so according to YOUR logic RICK, the black who angrily protests slavery or being forced to use ''''colored'''' washrooms etc., deep down just knows that being black is ''''wrong'''' and that whitey is right- blacks and women are sub-human.
See if morons like you weren''''t attacking the gay people and insulting them, they wouldnt feel the NEED to defend themselves.

"Deep down inside, you know it wrong."
Posted by onlythereal

I dont think sexual ANYTHING is wrong as long as those involved are of age and fully consenting with one another, its none of my concern or business what people do in their private lives or bedrooms.

[nothappyatall]

"If you were so secure in your homosexual behavior, you wouldnt seeth with anger at the posts on here against it.
Deep down inside, you know it wrong."


Whats even more funny is how you go yammering on about ''''christian bashing'''' or ''''haters'''' in here and get all upset and defensive, seems so different when the sandal is on the other foot eh Rick!

[winslowe1]

The people speak, the junta rules.

[nothappyatall]

"Even some atheists have noticed it."

No, only YOU noticed that YOUR posts *seem* to vanish, or so you claim, more likely you just get lost in the 100+ posts in these threads and dont read back far enough to see them. I have never noticed posts vanishing like you CLAIM, nor have I noticed anyone being banned- except maybe YOU. The site is FREE Rick, get over it, you get what you paid for.

"several Christians who post on these forums have noticed that CBS does not tolerate the Christian responses to

Posted by Christian735 (Rick MiASSE, jankebonze, Truthword08, Providence_D and a thousand other alias here)"

You mean your several ACCOUNTS have noticed, YOU are the only one who comes in here and goes on for fourty posts about your book of death and personal deity to the extent you do. If you want answers you only need to look at yourself- posting FOURTY complaints in one night, screaming christian bashing while bashing others.

[nothappyatall]

===
"i. Thought Id let you know that there is a growing disturbing trend here on the CBS news.com forums. Allot of bible believing christian conservatives have been continuously blocked and banned from posting anything in opposition to the secular agenda on here. Its been noted the past 2-3 months or so. "

Yeah right RICK, lol you really think opening yet *another* account and posting the same paranoia about an alleged blocking/banning that seems to only happen to YOU is going to fool us.
Lets see, you are the SAME Rick who posted the crazy blurb that you thought your account was HACKED into, used to post as you but the PW not changed! Then you also posted that you felt people were ''impersonating'' you and that you filed over ~FOURTY~ complaints in one night! lets see... since you dont PAY to access this site, and your account(s) along with all your complaints have caused CBS staff a LOT of extra work, seems to me the problem is not CBS, its *YOU* Rick!

[nothappyatall]

newster1

Seems this Rick guy got to you a little. Seems you''''re suffering from a little bit of conviction and conflict in your heart. Seems you can''''t get over this conviction and your posts indicate every aspect of trying to combat it with excuses over and over and over again. Otherwise you wouldn''''t feel the need to post the same drivel trying to get people to listen to you. Noone''''s listening, but yourself.

Posted by Christian735 (Rick MiASSe, jankabonze, TruthWord08, Providence_D and a thousand other alias)

Yeah right RICK, LOL. I dont make ''excuses'' I dont need to, Im the voice of opposition in counter to the right wing drivel. As I said before I dont if anyone reads the posts, Im not here for feedback or responses, Im here to read the news and comment on it as I see fit. As you will notice, when these story comments expire in 72 hours, some threads stay but usually all are deleted, or deleted after a period of time.

[christian735]

CBS come on now quit censoring content Against this garbage.


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Posted by deacon20081 at 04:12 AM : May 17, 2008


Hi. Thought I''d let you know that there is a growing disturbing trend here on the CBS news.com forums. Allot of Bible believing Christian conservatives have been continuously blocked and banned from posting anything in opposition to the secular agenda on here. It''s been noted the past 2-3 months or so. Even some atheists have noticed it.

There is an agenda going on here, for sure. You will notice that newster1''s rantings will never be deleted and that his account name has not been blocked. He has been posting the same anti-Christian drivel on these forums for months on end, and CBS has allowed every bit of it. On the counter end of the stick however, several Christians who post on these forums have noticed that CBS does not tolerate the Christian responses to this type of drivel, and that they have specifically banned allot of Conservatives from posting their views against this and other issues affecting our culture.

Again, just letting you know...there''s something going on here at CBS. An anti-Christian agenda.

[christian735]

Not so long ago, homosexuality was considered a mental disorder,and the bible says it is a consequence of mental deprivation caused by rejecting God.Over the last few decades hard and persistant lobbying by progays has forced their ideals into the public sector , calling themselves "normal" and the forced acceptance "progress". At this rate of the mentally challenged directing social values , we''''ll progress ourselves right into oblivion.


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Posted by jankebenz at 02:09 PM : May 16, 2008

Couldn''t have said it any better myself. Great post my friend. Sad, but true indeed.

[christian735]

newster1

Seems this Rick guy got to you a little. Seems you''re suffering from a little bit of conviction and conflict in your heart. Seems you can''t get over this conviction and your posts indicate every aspect of trying to combat it with excuses over and over and over again. Otherwise you wouldn''t feel the need to post the same drivel trying to get people to listen to you. Noone''s listening, but yourself. And I don''t even know if you''re listening to yourself.

You''ve got some serious issues bud.

[christian735]

Another win for the secular humanists who are destroying the moral foundations that our country was built upon. As the journey towards completely Sodomizing America continues for these anti-God lost souls.

[jkhagemann]

Must be, you felt the need to post FOUR identical replies...


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Posted by newster1 at 09:06 PM : May 17, 2008

Newster1.. you never get anything right do you, I only see three posted.

[nothappyatall]

What a nice story.
Posted by jkhagemann

Must be, you felt the need to post FOUR identical replies...

[jkhagemann]

What a nice story. The homosexuals deserve to have the same rights as anyone else. I would rather have a Gay or Lesbian as my neighbor than a Christian. Homosexuals bring beauty and peace to every community they reside. Property values go up, business returns...! Christians, well you know the story... hate, lies, sexual abuse, speak with two tounges, ect. They follow a ad hoc combination of writtings by a group of closed minded/mentally ill men''''''''s solitary thoughts from over 2000 years ago!

We need more gay and lesbian attitudes today and less religion! Especially the North American Christian Religion!



--------------------------------------------------------------------------------

[jkhagemann]

What a nice story. The homosexuals deserve to have the same rights as anyone else. I would rather have a Gay or Lesbian as my neighbor than a Christian. Homosexuals bring beauty and peace to every community they reside. Property values go up, business returns...! Christians, well you know the story... hate, lies, sexual abuse, speak with two tounges, ect. They follow a ad hoc combination of writtings by a group of closed minded/mentally ill men''''s solitary thoughts from over 2000 years ago!

We need more gay and lesbian attitudes today and less religion! Especially the North American Christian Religion!

[jkhagemann]

What a nice story. The *** deserve to have the same rights as anyone else. I would rather have a Gay or Lesbian as my neighbor than a Christian. *** and Lesbians bring beauty and peace to every community they reside. Property values go up, business returns...! Christians, well you know the story... hate, lies, sexual abuse, speak with two tounges, ect. They follow a ad hoc combination of writtings by a group of closed minded/mentally ill men''s solitary thoughts from over 2000 years ago!

We need more gay and lesbian attitudes today and less religion!

[nothappyatall]

"If you were so secure in your homosexual behavior, you wouldnt seeth with anger at the posts on here against it.
Deep down inside, you know it wrong."


Whats even more funny is how you go yammering on about ''christian bashing'' or ''haters'' in here and get all upset and defensive, seems so different when the sandal is on the other foot eh Rick!

[nothappyatall]

"If you were so secure in your homosexual behavior, you wouldnt seeth with anger at the posts on here against it.
Deep down inside, you know it wrong."

Thats a hoot, so according to YOUR logic RICK, the black who angrily protests slavery or being forced to use ''colored'' washrooms etc., deep down just knows that being black is ''wrong'' and that whitey is right- blacks and women are sub-human.
See if morons like you weren''t attacking the gay people and insulting them, they wouldnt feel the NEED to defend themselves.

"Deep down inside, you know it wrong."
Posted by onlythereal

I dont think sexual ANYTHING is wrong as long as those involved are of age and fully consenting with one another, its none of my concern or business what people do in their private lives or bedrooms.

[nothappyatall]

We have since evolved! we NOW know that its WRONG to kidnap and sell black people for SLAVERY, force them to use ''colored'' only washrooms, or go to jail if they use the whitey-only water fountain in school.
Black people back then grew up thinking like you do- that it was WRONG to go against the whitey, or to even think about not giving up your seat on the bus for one- even if you were an elderly black woman- you gave up your seat because you knew it was WRONG not to.

Given enough time, we shall continue to evolve and accept ALL people as they are and let them do as they will in their own lives.

" I have a news flash for you, there are millions out there that arnt Christian that know its wrong."

''Wrong'' is a subjective opinion, and one taught by example, it is WRONG here in the USA to kill a dog and cool it on the Bar-B-Cue, while its perfectly acceptable in many other countries, just as killing cows here is normal and in India it can get you in serious trouble- even death.