Timeline of California Same-Sex Marriage Law
Many people think about gay marriage in California as an issue spanning only the past couple of years. However, it was in 2000 that Proposition 22 defined marriage as being strictly between a man and a woman in the state of California. This was an extension of earlier laws on the books that stated essentially the same thing; Proposition 22 simply stated it more clearly and explicitly. However, other laws protecting the rights of domestic partners, especially surrounding death benefits, are enacted. Many opponents of same sex marriage then claim that such benefits should be enough to satisfy the GLBT community in their fight for equal rights.
In 2004, Mayor Newsom of San Francisco tried to make a stand for marriage equality. He required the county of San Francisco to issue four thousand marriage licenses for same-sex couples. However, the California Supreme Court ruled that the licenses were void because the mayor did not have the power to override the state law on marriage. The courts did find that the state ban might be unconstitutional, but that it could not be changed anywhere but by the state lawmakers and the state Supreme Court.
Next, in 2005, the California State Legislature attempted to pass a bill to allow same-sex marriages. The bill, AB 849, passed both the State Senate and the State Assembly, but was then vetoed by Governor Schwarzenegger, because of Proposition 22. The Governor then decided that the matter should be decided by the courts or a second set of votes. When the second vote took place, on AB 43, he vetoed it, again because of Proposition 22, which was still under deliberation by the California Supreme Court. Governor Schwarzenegger felt that the state legislature could not create laws that would interfere with decisions being made in the courts at the same time, and that such bills needed to wait until deliberations were complete.
In early 2008, the California Supreme Court voted to overturn Proposition 22 with a 4-3 vote, making same-sex marriages legal in the state. Later that same year, Proposition 8 was created with the intent of overriding this decision through legislation. Proposition 8, also called the California Marriage Protection Act, garnered over a million signatures in the petition stage before it was submitted to the ballot. When it was voted on, Proposition 8 squeaked into law with just fifty-two percent of the popular vote. The passage of this Marriage Protection Act resulted in same-sex marriages once again being illegal in the state of California.
The Marriage Protection Act was then deemed unconstitutional by District Court Judge Walker, in 2010. The decision stated that Proposition 8 was discriminatory, and that the California Constitution expressly forbade such discrimination. The overturning of Proposition 8 meant that same-sex marriage licenses could once again be granted in the state of California. Also, any licenses that were granted between the overturning of Proposition 22 and the passage of Proposition 8 were still valid under the new decision.
Update: Federal Appeals Court Overturns Prop 8
Proposition 8 in California, widely known as the vote to remove gay marriage from the state, was overturned Tuesday February 7 by the 9th U.S. Circuit Court of Appeals. Though they had the power to do so, the Appeals Court did not include other western states in the ruling, but limited it instead to only California.
However, the 9th U.S. Circuit Court of Appeals did not write their ruling in such a way that affirmed the rights of gays and lesbians to get married. Instead, they focused on the Constitutional rights that were created when earlier anti-gay measures were struck down by the California Supreme Court. Legal experts see this as a strength of the ruling, rather than a failing, because it reduces the possibility of the Federal Supreme Court overturning the ruling.
A key part of the ruling hinged on one of the Supreme Court's own cases. In 1996, the Federal Supreme Court overturned a law in Colorado that forbade the passage of anti-discrimination laws against gays and lesbians. By relying on the Supreme Court's own precedents, the 9th U.S. Circuit Court of Appeals helped to reduce the chance that the Supreme Court will feel a need to review the case.
The ruling will not take effect for at least two weeks from Tuesday, because the backers of Proposition 8 have that long to appeal for review by a larger panel. If the Federal Supreme Court were to take on the case, it will be several months at least before it is reviewed and decided. As it was when Proposition 8 first passed, it is possible for gay and lesbian couples to gain the right to marry under the current ruling and then lose it again if the Supreme Court decides in favor of the bill.
Resources:
http://www.kcra.com/r/17872316/detail.html
http://www.huffingtonpost.com/2011/11/17/proposition-8-timeline-_n_1099796.html
http://articles.sfgate.com/2008-05-18/news/17154831_1_ban-same-sex-same-sex-couples-marriage-licenses
California Marriage Laws: What the State Constitution says…
SEC. 7.5. Only marriage between a man and a woman is valid or
recognized in California.
Source: California State Constitution
Love is love. Doesn’t that count? Don’t you want people to be happy in their lives? Gays and lesbians have to get married in states that legalize gay marriage because of all this, and it probably costs a fortune to get a plane ticket or drive to a state so far from California and all.
Now don’t get me wrong, I’m straight and I’m Christian. However, I never read the bible or went to church. Whatever, I was never raised to do so.
there is nothing wrong with loving somebody that’s the same sex. You guys are just scared of change. People are just cowards, seriously. controlling people and telling them what sex to love is just wrong. This is why Canada is the best country ever and the US stinks. I swear, I’m moving to Canada, no objections. Why?
Because love can be free. What happened to liberty?
The Old Testament’s prohibition on homosexual activity was not the cruel imposition of a dictator, but the wise provision of a loving God who desired to see His chosen people grow in love. Perhaps (though there is no explicit evidence for this in the text) at some point the intensity of David and Jonathan’s affection for each other might have spilled over into sexual temptations. If so, the “delight in the law of the Lord” which moved David to song protected them from sin and kept their souls knit together in a pure and spiritual love.
In the same way, by declaring the “truth of God” that homosexual acts are sinful, the New Testament helps those of us who struggle with same-sex attractions to discover what it means to “worship the Father in spirit and in truth.”
But because love is the heart of the Gospel, Satan always tries to fool us with counterfeits of true love. Against these counterfeits, the Apostles and Prophets warn us again and again. God is love, and so nothing that is against His will can be love. He only approves of certain kinds of love, but punishes His people for loving idols, foreign women in the case of Israel, foreign deities, multiple wives, money, sexual love between close relations (incest), etc.
We do not always understand these prohibitions; God’s reasons for forbidding gay relationships may seem like dim shadow in a mirror to us when we first confront them. But it is love, not understanding, which God most desires from us. To place our hopes in Him even when we do not understand His ways is a mark of great faith, and even greater love.
It is not an easy path, and just as the Apostle Paul expressed the struggle between flesh and spirit, all of us will face struggles. But when we struggle, or when we fail, we should not lose hope. Rather, we should remember that Jesus said even of the soldiers who killed Him, “Father, forgive them, for they know not what they do” (Luke 23:34). And even when we fall again and again to the same familiar sins, we should remember that Christ told Peter to forgive others not seven times, but seventy times seven times (cf. Matthew 18:22). If God commands such mercy from us, how much more will He, who is Mercy Himself, show mercy to us in our weakness?
It also brought alive an important theme from the Psalms, the great prayerbook of the People of God: “Blessed is the man who walks not in the counsel of the wicked, nor stands in the way of sinners, nor sits in the seat of scoffers; but his delight is in the law of the Lord, and on his law he meditates day and night. He is like a tree planted by streams of water, that yields its fruit in its season, and its leaf does not wither. In all that he does, he prospers” (Psalms 1:1-3). For those who follow the Law with all their heart, it becomes a source of life, strength, and peace of spirit.
Perhaps you should review the First Amendment to the Constitution of the United States. Then tell me that your reason is still legally valid.
Wow – marti262:
Very nice post, nice job!
Straight people are so worried about gays gettin married and adopting, or having kids. Ok whatever think what you want but straight people have gay children. Believe me my girlfriend and I were best friends before a flame was ever there we both had significant others at that time, and one day a flame was born. I have never loved someone so much in my life besides family and I wouldn't trade it for the world. She is my best friend, my girlfriend, and hopefully one day my wife and the mother of my children!!!!
yes.
my names jerry and im a snaaake.
yyyyyyeeaaaayyyyuuuuhhhh!!!!!!
I like poop in my poopin mouth!!! It is yummy!!!
ii love gay men.
me too
The argument that the future of mankind is at risk because of gay marriage is the most insane and unbelievable thing I've ever heard. First of all, gays are a minority. We are outnumbered dozens and dozens of times over. The heterosexual community is doing a fine job of reproducing so I wouldn't be worried about the end of mankind. Someone who believes this is just lacking common sense and rationality. Also, if you're not gay, then I wouldn't be worried about what happens to gays in the after-life. God makes his own decisions and you have nothing to do with it. Basically, back up and out of this issue that doesn't concern you. Your moronic thoughts and bigoted comments won't stop us from pursuing equality. You can just sit back, watch and keep your hate to yourselves if you don't agree with gay love/marriage.
The problem is that this is not a fight for equality, but rather a fight to force others to accept an ideology that goes against their moral beliefs. You see, Homosexual people have the same rights everyone else does: to be married to someone of the opposite sex. Is that not equality? Of course it is. What you want is not equality or fairness, but rather to impose your belief of right in the name of equality. So the question is this: why do you constantly lie to us claiming to pursue fairness when in truth you only want totalitarianism? Is that not the definition of oppression?
@ Justin Snyder
I just love how some religious people think that they are so correct when you obviously can't even read correctly. If your so knowledgeable on the bible then did u miss these points?
1. The old testament says that it is sinful to eat shellfish, to wear clothes woven with different fabrics, and to eat pork.
2. The original language of the new testament actually refers to male prostitution, molestation, or promiscuity, not committed same-sex relationships. Paul may have spoken against homosexuality but he also said that women should be silent and never assume authority over a man.
3. The argument of Adam & Eve not Adam & Steve? That was when the earth wasn't populated. There are now 6.79 Billion people, breeding clearly isn't an issue anymore.
4. The argument that the bible defines marriage between a man and a woman? The bible also defines marriage as one man-many women, one man-many wives-and many concubines, a rapist & his victim and a conquering soldier and a female prisoner of war.
5. The argument "Because Jesus said so"? Jesus never uttered a single word about same sex relationships.
If you think that we should live by the old testament laws from #1 or Paul's Values from #2 then have fun living your sexist, chauvinistic, judgmental, xenophobic lifestyle choice. The rest of culture will advance forward without you & if the only other reason you can give after this post is that same-sex marriage is wrong because it disgusts you then props for being honest.However, a whole population of people shouldn't have their families discriminated against just because you think gay sex is ICKY. GROW UP!!! God made all people the way they were MEANT to be.
Well obviously you are not super familiar with the teachings of the Bible because the Bible does talk about all of those things (as you correctly mentioned) except for a few things. The Bible very clearly defines marriage as between only one man and one woman. Everyone who had any form of deviation from that is condemned for it. The Bible prohibits concubines, Homosexuality, and Polygamy in the Book of leviticus. Just because it talks about men in the Bible who practiced it, doesn’t mean that the Bible approves their actions. Yes the Bible also talks about Homosexuality in the New Testament as a Sin. It also talks about women remaining silent, however you have to look at the context of why He is saying that. He is also talking about women not being in Authority over men, but it is specifically in the context of the Church and the Home.There is a reason for why He says that but I will let you try to find out (which may end up being a bad idea considering your “amazing” talent of taking things out of their context).
xenophobia? Really? Do you even know what that words means? Because I do. I remember having to run for my life while others around me who were captured were tied up had tire strapped around them, were soaked in gasoline ans light on fire till they died… Now are you talking about that kind of xenophobia? You calling me a sexist? Hey i am not the one fighting to replace a woman’s place (which is a beautiful role that God has sovereignly designed…) for a dude here…
Anyway I figure you should know this: that society will not move forward…. HIstory always repeats itself. Behind every great empire, they fell only after Homosexuality became widely accepted among the people… Take a look at history:what good has homosexuality ever done for any society? Can you name one society that has improved once homosexuality has become rampent and accepted among the people? Because I have never heard of any…
I stand for marriage equality as it is. Anyone can marry anyone else who is of the opposite sex. Is that not fair? Or am I being too judgmental and xenophobic for you?
Your premise is false. It’s not equality to restrict to whom they are allowed to be married based on which sex they are attracted to. You claim that everybody has the same right – “to marry someone of the opposite sex” – but what use is that to someone who wants to marry someone they actually love? They deserve the right to marry somebody they want to, just like heterosexual couples. THAT is equality, not your twisted analogy to bring some semblance of logic to fallacious reasoning.
In response to Justin Saint and his comments on reproduction…..No, I really don't understand your argument at all. I want to preface my comment by saying that not I am not gay and that not too many years ago, I was a person who thought that gay people should not be allowed to get married. I thought that largely because I grew up in a very religious anti-gay household which clouded me on what was right and just. I really had never known any gay people and had been brought up to think that it was a lifestyle choice and not just the way someone was born. I am ashamed at my ignorance and judgment of others. I have now realized that it is not a lifestyle choice and that God created gay people in every culture on earth, and God doesn't make mistakes, but humans judge others. I think God is testing people to make sure that we treat others different than ourselves with the same dignity and respect that we expect for ourselves from these others. In recent years, I happened to get to know many gay people and many gay couples which allowed me finally to take my head out of the sand and realize that love is love and that people who love each other and who are committed to each other should have the same rights as everyone else. Again, I am ashamed that it took me so long to figure this out, and I shudder to think of how I might have offended someone with an unkind comment. But I digress, your comment on reproduction makes no sense. It's not as if a gay person who is not allowed by law to get married to another gay person will turn around and marry someone of the opposite sex and reproduce anyway. Gay couples will instead continue to live together as if they were married couples in all ways except having that little piece of paper. Not having that little piece of paper will allow the continued discrimination against couples, many of whom have been together for years and even decades, to continue. A number of gay couples have been able to have families through different ways including surrogacy, donors and adoption. If reproduction is your argument, there are many different ways to skin a cat and God allowed humans to be smart enough to figure out how. Flame me if you want, but I think that if Jesus were here today, he would be ashamed that so many people are hiding behind Bible verses instead of doing the right thing and would be ashamed that gay people did not have the same rights as straight people. I think Jesus would do the right thing and treat all equally and would officiate at the weddings of gay couples. Regardless, mankind does not seem to have any shortage of heterosexual people who are reproducing, so I don't see any issue with lack of reproduction. Is your fear that everyone will become gay if gay people are allowed to get married? If that were the case, wouldn't people be doing that regardless of whether there was same sex marriage or not? Also, what about infertile couples? What's the difference? Should married people who are man and woman but infertile not be allowed to marry either? Are infertile people a danger to mankind as well since they cannot reproduce? It is really true that when you know better, you do better. It is good to see that slowly but surely, the tide is turning to treat everyone equally.
Snyder can't you come up with something new to say? You've cut and pasted the same sorry old speech to the different states.
I wanted to be familiar with what can workers a bee in one’s brio so that’s about it not who could not turn an exact answer.
Justin Oh Justin Snyder…I have a poem for you
I'm tired of seeing your Bible crap on almost every state
When you die and go to Heaven you'll see something at it's gate
It'll be He the Lord Almighty, standing right there
He will bitch slap you so hard because He doesn't care
About gay marriage that is, for he created us all
and God doesn't wish to see any of his children fall
He loves us all be we Gay, Bi, Lesbian, or Straight
Oh how excited I am for you too reach Heaven's gate.
and have a good day
Callie, love the poem!
FYI, just because I disagree with someone's lifestyle choice doesn't mean I dislike them. I have gay/bi friends who I care about and I show them the same respect as I do to any of my other friends… doesn't mean I support their lifestyle.
Morgann Rehner, I totally agree Christians should know the Bible. However, I think your use & application of Biblical parables is inaccurate… and I know of no passage where the Bible gives the "for and against"… it's very clear on it's viewpoint around the gay lifestyle. Many don't care what's in the Bible, but we need to know if we're going to use it as a basis of discussion. And as to what Jesus would do today… He would speak the truth in love, which is what all Christians are called to do. If you really study Jesus, and understand the culture he was living in, you realize he was very radical- his viewpoints were different than the social norm of his day. So I don't think His message would change due to our current and changing social norm. He still speak the truth, but always in love. - a Christian
Morgann Rehner says:
This is probably one of my biggest pet peeves. When people feel the need to preach the Bible as if it is what tells what is wrong and right; I highly doubt you have read that book from cover to cover and digested every single word for what they are actually worth. The Bible itself tells both sides of the argument, for and against. If Jesus were alive today, and a person were to be 'caught' in a homosexual act and brought to him, what do you think he would do? Would he tell the homosexual to 'go and sin no more' (John 8:11), or would he turn the tables of the accusers by telling the story of the good homosexual? (Samaritan, Luke 10:29-37). You most likely do not know what you are actually 'preaching'. You know what you taught and told. Every single human deserves the right for freedom, and for love. Gay people are no different than us, nor are they 'ruining' your life in any way. They, just like you, want to be happy and be accepted. The Bible tells us to 'love thy neighbor', and last time I checked, telling people to 'outlaw homosexuality' just because of what some book told you isn't very 'loving'. Jesus is said to love everyone, to accept everyone. If that is the case, then he will love every single damn gay person that enters and leaves this world. So before you go preaching your mouth off, learn to get your facts together. <3
I am a Christian. In the book of Genesis, Adam and Eve – the first humans – were commanded to "multiply and replenish the Earth." "The Family: A Proclamation To The World", a document written by the First Presidency and Council of the Twelve Apostles in 2001, says "marriage between a man and a woman is ordained of God and that the family is central to the Creator’s plan for the eternal destiny of His children…God’s commandment for His children to multiply and replenish the earth remains in force." That simply cannot happen in a same-sex marriage.
OK Mr. Member,
I've gone to church since I was preschool-aged. It isn't a big church, nothing real fancy, just enough to teach the values and love of God. I've grown up with the belief that church taught, that whether I was a liar, a cheat, a murderer, a thief, I would go to Heaven if I took Jesus Christ as my savior. The main reason I didn't accept I was gay was because I was afraid I would never go to Heaven, because all I'd heard was Leviticus 20:13 and stuff like this. But then I realized that God sees sin in all of us, that no one is perfect, and that if it be attraction to a man is truly a sin, I will still see the purly gates. I'm not sorry. I am ashamed to be Christian sometimes, though, when I read things like this. Thank you. -American
The US is supposed to be a " Free " equal rights county but yet gay men and women cannot take there relationship farther than boyfriend and girlfriend because people in this county find it weird ; thats so messed up in so many ways , people are really saying you cannot get married because you are the same sex , Honestly EVERYONE should really get over it not everyone is white , black not everyone has the same eye color hair color nor are we all the same heigh so why should everyone have to be straight to get married , just have a freaking heart and give the Same Sex lovers the same rights as the Straight people.
I know more straight couples that are an abomination to the union of marriage than gay/lesbian couples that are. You think about that.
Eloquently put. Thank you.
Do you guys think that cousins should be allowed to marry?
SHOOT if cousin's want to get marry I WILL SUPPORT THEM 100%. Its liek here I fell in Love with my cousin we had a relationship going and then it fell apart because of dumb ass people in this world saying "ITS WRONG TO LOVE YOUR FAMILY IN A SEXUAL AND MARRIAGE WAY" but guess what that shouldnt matter because at least they are keeping the family name going anyways so why should it matter like for real
moe i think its pretty disgusting that you wanna marry and have sex with your cousin
whos to say i cant marry the girl ive been with since i was thirteen and if i want to marry her i should be able to.
Thats wonderful that you have found someone that you love.
I dont think it should matter if people of the same sex want to get married or not. It's their life. I know many gay couples who have lived together for many years and have a better relationship than most straight couples. Why should society dictate who one can marry or not. Its like we are going back to the times where there couldnt be interracial marriages. This is truly discrimination, as long as these peoples relationships are not affecting us why should we care. To all those people who speak of the bible and say that god thinks of it as an abomination, yeah it might say that but it also say that we shall love and not judge all the people. Remember God created us and he creasted eachan everyone of us in a unique way if he didnt want people to be gay then why were they brought to this world. I think people should stop mixing religion and state and focus on actually giving equal right to everyone not just heterosexual people
I think same sex marriage matters. It's a spiritual and sometimes reglious contract. That means something to some people. Not to mention it's just insulting not everyone is allowed the same rights. I for one, would like some of the rights a heterosexual couple gets (i.e being able to visit my girlfriend in the hospitial when she has an attack would be nice.). That alone it reason enough to fight for marriage or at least domestic partnership. However I still agree, it's still their lives, and they can have goods together, but still worth fighting to make things better.
I would love to one day marry the woman of my dreams and have a familey. I would love to one day have my father walk me down the isle, and have my best friend standing next to me. I would love to one day be happy. Who is it that gets to say i get to be happy or not. All i want in life is to be with my love ,my best friend, have my familey. and i cant because i am a lesbian. And my government aparently gets to control my happieness.
null
If someone says "I am a Nobel prize winner" we cant just say let them be happy its no one else's problem. Because there is a difference between what a person believes and what is the truth. The two may consider that they are married but still that is not the truth. Truth is not what 51% of the people think is right. Laws are for telling what is right not what makes everyone happy..
so is gay marriage allowed in california
No. sadly but they are going to change it. THEY HAVE TOO
yyes iit iis.!(:
I think that we should be able to get married to who ever we love rather if its male or female.Love has no boundres.Everyone deserves to be happy no matter who u are.
California now allows gay marriage! Prop 8 was voted unconstitutional! Please correct :]
If you read Leviticus in the Old Testament, Chapter 20 verse 13, you will see that homosexuality is an abomination. The Bible is the word of God. The founding fathers of the United States Constitution, believed in God. The pledge of allegiance states:
"…and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
It is clear this nation was formed under a belief in obedience to our creator, our God! God has told us that homosexuality is an abomination. It is unnatural and not a design of God. There is not one person on earth who was born from Homosexuality or Homosexual parents. Not one! If homosexuality flourished, children would no longer be born on earth and earth will stop being populated. Earth would fall. Homosexuality is wickedness and again, is stated in the Bible as an abomination. Enforcing non-discrimination of homosexuality in effect allows it to occur. Law enforcement then will begin to arrest individuals for violation of this "so-called discrimination of homosexuals" and good honest heterosexual people will begin to lose their freedom. Families will be broken up and children will not be born to homosexuals. Life on Earth would turn to chaos and confusion.
Please outlaw homosexuality and conform to the laws of God. It is God who created all of us and it is HIS will that will bring peace and prosperity. Wickedness never was happiness and never will be. We must learn to obey our creator as the founding fathers desired.
Justin Snyder …who cares what some old book says…get a life and stop "preaching" HATE……
^Go Ian! GAY RIGHTS <3
This is probably one of my biggest pet peeves. When people feel the need to preach the Bible as if it is what tells what is wrong and right; I highly doubt you have read that book from cover to cover and digested every single word for what they are actually worth. The Bible itself tells both sides of the argument, for and against. If Jesus were alive today, and a person were to be 'caught' in a homosexual act and brought to him, what do you think he would do? Would he tell the homosexual to 'go and sin no more' (John 8:11), or would he turn the tables of the accusers by telling the story of the good homosexual? (Samaritan, Luke 10:29-37). You most likely do not know what you are actually 'preaching'. You know what you taught and told. Every single human deserves the right for freedom, and for love. Gay people are no different than us, nor are they 'ruining' your life in any way. They, just like you, want to be happy and be accepted. The Bible tells us to 'love thy neighbor', and last time I checked, telling people to 'outlaw homosexuality' just because of what some book told you isn't very 'loving'. Jesus is said to love everyone, to accept everyone. If that is the case, then he will love every single damn gay person that enters and leaves this world. So before you go preaching your mouth off, learn to get your facts together. <3
fuck yyou snyyder who are yyou to sayy gayy ppl is an abombination
1. "Under God" wasn't added to the pledge until 1954 2. 4 of our founding fathers were deists, meaning they accepted God but rejected the bible 3. Do not cite the bible as an accurate source, there are two creation stories in the bible (one says the earth began dry, the other says it began wet; one say men were created first, the other says men were created last) 4. It clearly states in our constitution to separate church and state. 5. God also says it okay to marry multiple women or to take slaves. 6. If you dare say I don't "understand" the bible I might jump through the computer screen and throttle you(God says that's okay in the Bible
It matters when humans are made to reproduce and we can't reproduce with same-sex couples. Makes sense? It's dangerous for our children and the survival of mankind. Get it? Those people are crazy to think it's ok to have same-sex marriages. Fact not fiction. Is this a real horror movie? Where is mankind headed?
You know, you're right. Us gays are ruining this country, no, this world. Maybe the straights should line us up and shoot us so we won't have to bother you with our pointless civil rights.
You nut.
Listen to this fool. “The survival of humankind”. We’re overpopulating the planet faster than we can handle. There are thousands of orphans who could go to a loving family if states would allow more homosexual adoption. I suppose they think it’s better to let them die in an orphanage than be adopted and live with gays.
To me it shouldn't matter if two same sex people want to get married let then get married its no one else's problem. It's there life that's all I'm saying. Anyone can be happy. Everyone dersevrs to be happy.