Same Sex Marriage in California
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
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.
Do you guys think that cousins should be allowed to marry?
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.
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
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
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?
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.