States Urge Calif. To Delay Gay Marriage
Other Attorneys General Claim Interest In Case, Push Court To Delay Final Ruling
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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.
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California Okays Same Sex Marriage
California's highest court struck down the state's ban on gay marriage last week. CBS News Analyst Andrew Cohen weighs in on the decision.
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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.
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In a friend-of-the-court brief filed late Thursday, the attorneys general said they have an interest in the case because they would have to determine whether their states should recognize the marriages of gay residents who got married in California.
The states involved are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah. Except for Florida and New Hampshire, all of them have state constitutional provisions banning gay marriage.
The attorneys general asked the California high court to stay its May 15 ruling until after the November election, when California's voters likely will decide whether to adopt a similar amendment, which would overturn the court's decision. The court's decisions normally take effect after 30 days.
What happens in California is being watched carefully elsewhere because unlike Massachusetts, the only U.S. state where same-sex couples can now marry, California does not have a residency requirement for obtaining a marriage license.
"We reasonably believe an inevitable result of such 'marriage tourism' will be a steep increase in litigation of the recognition issue in our courts," Utah Attorney General Mark L. Shurtleff wrote in the brief submitted on behalf of the 10 states.
New York Gov. David Paterson, meanwhile, has indicated that the state plans to recognize same-sex marriages from other jurisdictions, meaning New Yorkers who get married in California would be entitled to spousal support, and other marriage rights at home.
California Attorney General Jerry Brown, whose office originally argued to uphold the state's one man-one woman marriage laws, submitted its own brief Thursday urging the Supreme Court not to grant the stay.
"The Court has declared the law governing the right of same-sex couples to marry, and the Attorney General undertakes to give effect to that declaration with no less vigor than he previously sought to give effect to the statutes in dispute," Brown's brief states. "It is time for these proceedings to end."
The Supreme Court has until the close of business on June 16 to decide on the stay request, but it also could give itself a 60-day extension to consider the matter. The California Office of Vital Records informed local officials this week they can start issuing marriage licenses to same-sex couples on June 17, barring further instructions from the court.
"The court's decision firmly establishes there is a fundamental right to marriage equality for same-sex couples under the California Constitution," said San Francisco City Attorney Dennis Herrera, whose office joined two dozen same-sex couples in bringing the lawsuit that led to the court's 4-3 decision. "To deny that fundamental right based on speculation about what might happen in November is terribly inappropriate."
We reasonably believe an inevitable result of such 'marriage tourism' will be a steep increase in litigation of the recognition issue in our courts
Mark L. Shurtleff, Utah attorney general"Redefining marriage will affect the entire nation, not just California," Prentice said. "There is no good reason for these four judges to create nationwide chaos when a ballot measure to reverse the decision is pending before the voters."
More than 9,500 same-sex couples have wed in Massachusetts since gay marriage was legalized in 2004 by the state's high court.
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.
Four states - Vermont, New Jersey, Connecticut and New Hampshire recognize same-sex civil unions. Hawaii, Maine, Oregon, Washington and the District of Columbia offer domestic partnership or reciprocal benefits laws that provide some marriage-like rights to same-sex couples.
Voters in 26 states have approved state constitutional amendments that ban gay marriage.
Hawaii voters approved a constitutional amendment empowering the legislature to outlaw same-sex marriage; lawmakers did so in 1998.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.



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See all 184 CommentsThe tiny, demented world of the theocrats and neo-fascists is closing in on them fast.
Must be pretty scary.
Posted by therex10 at 07:07 PM : May 30, 2008
Letting people who love each other get married is not hardly the same as murdering old people. Get a grip! And, your bible doesn''t make any sense, have you tried to read it?
"Because it is wrong - in God''''s eyes & the Bible. Not only are morals, trust & values gone but if this is ok - what will be next? killing people for sport or because they are old, sick or weak?"
I personally would love hunting the elderly. I would make our highways alot safer.
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Posted by therex10 at 07:07 PM : May 30, 2008
+ report abuse
You have a right to YOUR religious Beliefs and these people have a right to theirs as well. How about BOTH of you worship YOUR religion as you see fit and BOTH of you leave the rest of us out of it?? Sieg Heil and AMEN
Obviously you don''t have any real contact with women...
Obviously you don''t have any real contact with women...
Posted by formrusmcsgt
I''ve asked the question many tmes in different threads and I''ve yet to see a reasonable answer. In what way will gay people getting married affect your life that does NOT end up in a comparison with (a) your religion saying so (state laws do not recognize any official religion) or (b) doing something illegal? (so, no, "hunting the elderly" is not an acceptable comparison)
So why can''t *** enjoy that too?
Odd how the reporter fails to mention that California already has LAWS on the books the offer the exact same rights to same *** couples as any other ..
Not to mention the fact that Californians already voted in 2000 and passed a law that marriage is defined as between a man & woman ....
So why after 8 years does the court decide to overturn the voters wishes?
a few thoughts ....
Money for lawyers ... another way to increase the pie for all the legal crooks ...
Maybe a way to excite a voting group to get out and vote this November?
Maybe California wants to be like Massachusetts?
who knows ..
Posted by dowjones20k
They overturned it because a suit was brought, until it reached the CA Supreme Court. What, you think they just decided to do it out of the blue because they wanted to? That''s not how it works.
Although that sceneo sounds really strange, as long as there was NO possibility of offspring I wouldn''t have any problem with it. Bringing up highly unusual cases doesn''t really bolster your case, though. Society is able to put limits on what it wants to limit and incest has always been off limits in all societies. Whereas homosexuality has not.
Posted by ixoye_02 at 08:29 PM : May 30, 2008
Bravo! Well said!
Now it''s fine for queers to get married. What a disgusting mess.
Dude I am a big muscled gay male, you''d never know I was gay if you met me and if you had the balls to call me a "sissy" in my face, I''d smash yours in.
Is that "normal" enough for you p**sy?
ALL marriages, even Christian ones, were arranged primarily for financial reasons for most of history. Can''t expect a closed-minded moron like to you understand that.
Massachusetts has the lowest divorce rate in the US. THAT''S what gay marriage has to offer you low lives.
Mark L. Shurtleff, Utah attorney general
Hmmm Utah. No agendas there are there?
Is this a bad thing? No, no it isn''t.
We are turning into a pagan society that turns a blind eye to torture, who crave and worship money, who accept same gender couples as completely normal, who don''t demand harsher sentences for pedophiles, who will do anything (cheat, steal, use illegal drugs) to win, who stand by while gambling establishment pop up on every corner of our neighborhoods, who medicate our children instead of spending time with them so we can golf with our buddies. It''s all about self gratification. What has happened to our nation?! Where are we going with all of this? Yes we''re all sinners, but now we''re legislating sin to make it legally o.k. Our founding fathers must be rolling over in their graves.
Repent: There are many "married" heterosexual couples who have a.n.a.l and or oral s.e.x behind their bedroom doors.
And to all the rest of you homophobics and religious zealots...the odds are great that a portion of you will have a child who is homosexual. Food for thought..."homosexuals had heterosexual parents, or they would not exist."
Wrong is wrong and even if you debate well, wrong is still wrong. The enjoyment of s ex between married men and women is part of the procreation of the species. Animals in the wild who don''t have the gift of free will enjoy mating with the OPPOSITE s ex, but they still don''t engage in same s ex activity. Wrong will always be wrong. My sins are wrong and I don''t expect the government to legislate my weaknesses to make me feel better about my sinfulness.
We''re not here because two rocks collided in outerspace. If you honestly believe the story of a carpenter, who was the son of a carpenter in some obscure town in the middle of the desert traveled across 2008 years and around the globe wasn''t divine intervertion, then you are dumb. I''m sorry, but most people have already forgotten who Andrew Carnegie was.
And BTW if you know anything about animal behavior...animals do engage in same s.e.x activity. I know cows, horses, dogs and cats do. Did a dog ever hump your leg?
It also has exposed a lot of perverts--anyone who thinks they can define who can marry, what is true love, or believes intercourse is for reproduction only is more than a little sick and twisted (not surprisingly these are the folks calling everyone else sick and twisted).
Posted by Repent6 at 07:20 AM : May 31, 2008
No, not believeing in fairy tales as an adult is a sign of clarity of thought, not rebellion.
So much for Christian tolerance, eh?
Posted by Repent6 at 07:28 AM : May 31, 2008
You fail to perceive the difference between a decision about legality versus one about morality......
Posted by Repent6 at 07:29 AM : May 31, 2008
Considering that anthropology, microbiology, and archeology all support evolution while you cling to a belief without any scientific support whatsoever, I don''t think you have much room to criticize here....
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