Gay Marriage Opponents Vow To Fight Ruling
Group Wants Legalized Same-Sex Marriage In Calif. Postponed Until Nov. So Voters Can Weigh In
-
Play CBS Video
Video
Gay Rights Couple Laud Victory
Gay marriage advocates Stewart Gaffney and John Lewis have been together for more than 20 years. They are applauding California's decision to legalize gay marriage and speak to Julie Chen about it.
-
Video
A Victory For Gays In Calif.
California's highest court has overturned a ban on gay marriage, paving the way for it to become the second state where gays and lesbians can wed. John Blackstone reports.
-
Video
Calif. Gay Wed Ban Overturned
The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry. Manuel Gallegus reports.
-
Photo
Randy Thomasson, president of Campaign for Children and Families, speaks out against the California State Supreme Court decision overturning a voter-approved ban on gay marriage during a news conference at the Capitol in Sacramento, Calif., on Thursday, May 15, 2008. (AP Photo/Steve Yeater)
-
Interactive
Same-Sex Marriage Debate
State-by-state coverage, opinions, history, photos and a look at the amendment process.
A conservative group said it would ask California's Supreme Court to postpone putting its decision legalizing gay marriage into effect until after the fall election. That's when voters will likely have a chance to weigh in on a proposed amendment to California's constitution that would bar same-sex couples from getting married.
If the court does not grant the request, gay marriages could begin in California in as little as 30 days, the time it typically takes for the justices' opinions to become final.
"We're obviously very disappointed in the decision," said Glen Lavy, senior counsel for the Alliance Defense Fund, which is pushing for the stay. "The remedy is a constitutional amendment."
With a stroke of a pen Thursday, the Republican-dominated court swept away decades of tradition and said there was no legally justifiable reason why the state should withhold the institution of marriage because of a couple's sexual orientation.
The 4-3 opinion written by Chief Justice Ronald George said domestic partnerships that provide many of the rights and benefits of matrimony are not enough.
"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," George wrote for the majority in ringing language that delighted gay rights activists.
Gay marriage opponents, meanwhile, derided the ruling as an example of judicial overreaching in which the opinions of a few justices trumped the will of Californians.
The last time the state's voters were asked to express their views on same-sex 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's ruling Thursday struck down both statutes.
John Lewis and Stewart Gaffney, who were among the couples that sued to overturn laws against same-sex marriage, told CBS' The Early Show that they were "enormously happy" by the ruling.
"We've been a loving, committed couple now for 21 years. And it's just a tremendous feeling to know that we are no longer excluded. And that our loving, committed relationship is going to be given the highest dignity and respect under the law," Lewis said.
What about dealing with opponents out there trying to get this on the ballot in November to ban same-sex marriages?
"Well, you know, no one should have to put their love before the voters. But if this is on the ballot in November, we will continue telling our story and telling people that this court decision is really about love, fundamentally," Gaffney told The Early Show. "California has now made a great statement that all love deserves to be treated equally. And we're going to tell that story all the way until November. And we are very hopeful."
Still, backers of a proposed November ballot measure that would allow Californians to vote on a constitutional amendment banning same-sex marriage said the court's decision would ultimately help their cause.
"(The ruling) is not the way a democracy is supposed to handle these sorts of heartfelt, divisive issues," said Brian Brown of the National Organization for Marriage, one of the groups helping to underwrite the gay marriage ban campaign. "I do think it will activate and energize Californians. I'm more confident than ever that we will be able to pass this amendment come November."
To date, 26 states have approved constitutional amendments banning same-sex marriage.
In the past few years, courts in New York, Maryland and Washington state have refused to allow gay marriage, and New Jersey's highest court gave the state lawmakers the option of establishing civil unions as an alternative.
Massachusetts is the only other state to legalize gay marriage, something it did in 2004. More than 9,500 same-sex couples in that state have wed. The California ruling is considered monumental because of the state's population - 38 million out of a U.S. population of 302 million - and its historical role as the vanguard of many social and cultural changes that have swept the country since World War II.
California has an estimated 108,734 same-sex households, according to 2006 census figures.
"It's about human dignity. It's about human rights. It's about time in California," San Francisco Mayor Gavin Newsom told a roaring crowd at City Hall after the ruling was issued. "As California goes, so goes the rest of the nation. It's inevitable. This door's wide open now. It's going to happen, whether you like it or not."
The case was set in motion in 2004 when Newsom threw open City Hall to gay couples to get married in a calculated challenge to California law. Four thousand wed before the Supreme Court put a halt to the practice after a month.
Two dozen gay couples then sued, along with the city and gay rights organizations.
Gareth Lacy, a spokesman for Attorney General Jerry Brown, whose office argued to uphold the ban, said Brown would "work with the governor and other state agencies to implement the ruling."
The justices said they would direct state officials "to take all actions necessary to effectuate our ruling," including requiring county marriage clerks to carry out their duties "in a manner consistent with the decision of this court."
By Thursday afternoon, gay and lesbian couples had already started lining up at San Francisco City Hall to make appointments to get marriage licenses. The county clerk's office in Los Angeles issued a statement saying it was awaiting legal analysis of the ruling and a timeline for implementation.
California's secretary of state is expected to rule by the end of June whether the sponsors of the anti-gay marriage ballot measure gathered enough signatures to put the amendment on the ballot.
Republican Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would have granted marriage to same-sex couples, said in a statement he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



- 1
- 2
- 3
- 4
...
- 18
- next
See all 886 CommentsThese theories on how it will ruin marriage for everyone else have absolutely NO basis in truth. If they do, exactly whose male-female marriage was delegitimized and ruined by allowing gay weddings?
These point are ALWAYS ignored by the fear-mongerers. It seems like they have nothing to go on, except trying to make themselves feel better by debasing others. Very sad, and very scary.
These are the issues and truncated infobytes the right wing corporate media will bring to the public during this election year. California is a blue state with one big red eye.
Why do you think it''s the right of "the people of California" to become a mob that has poor boundaries intruding on people and their personal relationships? If the people of Alabama had had it their way, black people would have been kept in cages used to serve the republican minded conservative with everyone but themselves cotton plantation owners.
Posted by rafterman1
It''s the fundamental religious types. They''re always preaching fear of someone taking over the world. Fear the Muslims! Fear the ***! Fear the Atheist! Fear the penguins! And so on...
The people have voted to have your head shaved then you tarred and feathered. People like you are the medieval remnants of the dark ages consisting of toothless ignorant tangled haired trash so miserable with themselves that watching executions roused jeers and cheers.
Judicial activism returned with a vengeance in one of the most egregious rulings in American jurisprudence. It took just four activist judges to overturn the historical definition of marriage, not to mention the vote of more than four and a half million Californians, as the state supreme court issued a much-anticipated ruling on the question of same-*** "marriage." By a 4-3 margin, the justices struck down a law, adopted by 61 percent of voters in 2000, which defined marriage as the union of one man and one woman. By imposing same-*** "marriage" on voters, the California Supreme Court knowingly usurped the right of the people to effect change in public policy. This outcome is even more troubling than Massachusetts'', in that California voters had already won the right to put a marriage protection amendment on the ballot in November. If the court cared at all about the democratic process, it would have stayed its decision until the people''s voice was heard on the November amendment. Instead, these justices trampled on the legislature and created same-*** marriage by judicial fiat.
This is nothing more than a judicial shotgun wedding that forces a redefinition of marriage on the people of California and potentially the rest of the nation. We trust that the voters of California will act in November to correct this exercise in judicial activism and to permanently enshrine the traditional definition of marriage in the state constitution. Clearly, this decision highlights the need for a federal amendment defining marriage in the U.S. Constitution. Only then will this campaign to shatter the family''s foundation be ended once and for all.
So much for Bush and the Righties trashing the Constitution. The lefties do it all the time and like abortion they are going to see this issue rage for years.
--------------------------------------------------------------------------------
Posted by Displeased at 08:41 AM : May 16, 2008
Maybe Russia had the right idea - ban Christianity and other religions because they distort people''s thinking and cause them to act out of fear rather than reason. What can we do to help these people?
Posted by mudrose
Hey mudrose, you can still have a family. Just ignore what your neighbors do in the bedroom, kind of like what you should be doing anyway.
If so, I have a hell of an idea. When two people want to get divorced, they flip a coin. The loser is executed on the spot, and the winner gets the kids, the assets, etc. Case closed and no messy divorce.
There are three branches of government that have distinct and separate functions. The President defends the office of the Presidency and the Country; the Congress does the people''s business by legislating the laws and the courts uphold the Constitution, the rule of law. Separate and distinct functions. If courts think that they should legislate then all judges should be elected not seated by Congress. This is simple trashing of the constitution. This is another Roe v. Wade dumbbell, not a Bush/Cheney issue. The courts are what create wedge issues like Abortion and now Gay Marriage because they just can''t keep from legislating from the bench.
posted by mudrose
One thing about conservative Republican''s they can always be counted on to worry about the petty issues and ignore the important ones like a economy in the sewer! Gay marriage is not an important issue it only bothers religious nuts who don''t have anything better to do with the time than worry about what their neighbors are doing in bed! I will be so glad when half this nation grows up and learns to ''Live and Let Live''!
Posted by mudrose at 08:57 AM : May 16, 2008
lolll...now that is funny. I don''t seem to remember you pitching a *** when the Supreme Court gave our nation to Bush...
Posted by macusweil
You change agent is calling you. He got a nice fat slap in the face yesterday. We all know your Savior is an appeaser. He''s the new Neville Chamberlain with attitude. Haven''t you people got anything better to do then b/itch when people resent who have opposing points of view. And most people do not approve of ss marriage. They are willing to extend to civil unions. Wake up you are very ill informed.
Posted by nokoolaid
Oh and what policy is that? I protest because I resent any court usurping the right of the people. So stick your on wong in your own ear and get out of the closet yourself and stop projecting your behavior onto me.
Posted by mudrose at 08:59 AM : May 16, 2008
Yup, Jesus was an appeaser. He was all about turning the other cheek...
lolll...the religious right neocon types kill me. Any argument to suppress the rights of others, even when it screams "I''m a hypocritical liar!".
Posted by grumpas
Yeah, check out g/ay marriage al la Canada. They''re sure letting everyone live and let live. Dolt.
Government has no business telling us what
the deffinition of love is.
lolll...the religious right neocon types kill me. Any argument to suppress the rights of others, even when it screams "I''''m a hypocritical liar!".
Posted by ibsteve2u
He was a righteous man. He did not believe in abortion and certainly would not approve of men lying down with men. And I believe in the 10 commandments it does say Honor Thy FATHER and Thy MOTHER. Not honor they mothers and some sperm bank seeeman or honor they fathers and some surrogates eggs.
Government has no business telling us what
the deffinition of love is.
Posted by QuetzalCrist
Government has no business telling anyone what love is and judges have no business telling the people what marriage is. Semper WIFI ********.
if you believe in the 10 commandments, why is it not ok to kill one man to onother man, but its ok to kill onother man in Gods name?
whats all that about,
doesnt this contradiction bother you?
Posted by ibsteve2u
Left leaning court, stupid. And even they couldn''t pull off a scam by electing Al Bore.
Dude! Ever heard of "Separation of Church" and state?
If you want to restrict same-*** marriage go to a church that believes in doing it that way. The whole purpose of state recognition of marriage is to offer all couples basic rights like hospital visitation and inheritance.
The courageous judges in CA are just upholding the law not writing it. Don''t give me that stupid "judges should not legislate" argument just because you don''t like the ruling. Same was true of a laws prohibiting interracial marriage, its discrimination plan and simple.
if you believe in the 10 commandments, why is it not ok to kill one man to onother man, but its ok to kill onother man in Gods name?
whats all that about,
doesnt this contradiction bother you?
Posted by QuetzalCrist
You are obviously a child of the school of Darwinism. You are a moral relativist and your will rot in your own idiocy.
Semper WIFI keyboard warrior.
i see youre still stinging from my clever use of words,
youre still using it...
According to the United States Government Accountability Office (GAO), there are over a thousand federal laws that treat married people differently from single people. It should be noted that these rights and responsibilities apply only to male-female married couples, as the 1996 Defense of Marriage Act (DOMA) defines marriage as between a man and a woman and thus bars Same-*** couples from receiving any federal recognition of same *** marriage or conveyance of marriage benefits to same *** couples through federal marriage law.
Prior to the enactment of DOMA, the General Accounting Office (as the GAO was then called) identified 1,049 [1] federal statutory provisions in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor. An update was published in 2004 by the GAO covering the period between September 21, 1996 (when DOMA was signed into law) and December 31, 2003. The update identified 120 new statutory provisions involving marital status, and 31 statutory provisions involving marital status repealed or amended in such a way as to eliminate marital status as a factor. This yields a total of 1,138 [2] provisions in which marital status is a factor in determining benefits, rights, and privileges.
Posted by macusweil
What law was that? Interracial marriage was discrimination plan and simple. It did not destroy the the definition of marriage.
Posted by IRLiberal
There will be an amendment on the November ballot to strike down the Court''s decision. Rah, Rah, Rah!
Semper WIFI keyboard warrior.
i see youre still stinging from my clever use of words,
youre still using it...
Posted by QuetzalCrist
No just reminding you that your commentaries are meaningless.
If your not gay, do what I do, don''t marry someone of the same gender and keep your nose out of other peoples bedrooms. If you are gay, more power to you. The constitution guarantees that you should be treated like any other citizen.
At the 8th grade Sadie Hawkins dance and she asked you because your such a Cut and Paste kind of looser.
how are you, 1 person going to change anything, honestly?
shooting words at people from a keyboard will not do anything.
at the end of the day, youll still be short , fat, ugly and still selling puppies...
Yup, it''s called SHOW ME THE MONEY! Well at least somebody had the brains to figure it out. More of the people''s money to support more wacked out lifestyles and who pays the price. The Children. Those unforeseen consequences of 4 ffks in black robes.
QUETZALCRIST: Let MUDROSE have it he is a major IDIOT.
- 1
- 2
- 3
- 4
...
- 18
- next
See all 886 Comments