California Supreme Court Says Yes to Gay Marriage in California
It's official - the California Supreme Court has opened the doors to gay marriage in the Golden State:
"In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation. In view of the lengthy history of the use of the term “marriage” to describe the family relationship here at issue, and the importance that both the supporters of the 1977 amendment to the marriage statutes and the electors who voted in favor of Proposition 22 unquestionably attached to the designation of marriage, there can be no doubt that extending the designation of marriage to same-sex couples,rather
than denying it to all couples, is the equal protection remedy that is most
consistent with our state’s general legislative policy and preference. "
"Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand. "
Furthermore, the court gave us the right to pursue this immediately:
"Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court."
Oh my gawd... this feels so good! It's like a huge weight has lifted, and the ache in my stomach that started about 5 minutes before the ruling was posted is gone - thank you so, so much to the California Supreme Court for overturning the mean-spirited Prop 22 and giving us the dignity we've fought for so long.
--Scott
1 Comments:
So when's the wedding? ;-)
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