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In 2000, Californian voters passed an initiative known as Proposition 22, that defined marriage as exclusively between a man and woman. On May 15, 2008, the California Supreme Court voted 4-3 that Proposition 22 was unconstitutional. On June 17, when the ruling takes effect, California will become the second state, after Massachusetts, to allow same-sex couples to wed.
The plaintiffs in the Supreme Court case, a group of same-sex couples in a consolidated appeal, argued that by being denied the right to marriage their fundamental rights as guaranteed by the state Constitution were violated. In its May 121-page ruling, the California Supreme Court agreed:
‘In light of the fundamental nature of the substantive rights embodied in the right to marry – and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society – the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation.’
Phyllis Lyon, age 83, and Del Martin, age 87, a lesbian couple who have been together for 56 years, were two plaintiffs in the case.
‘We have waited more than 50 years for the opportunity to marry,’ said Ms Lyon. ‘We are thrilled that this day has finally come.’
The American Civil Liberties Union (ACLU) was one of the organizations who argued the case. Maya Harris, Executive Director of the ACLU in Northern California said of the decision, ‘Today marks a defining moment in our state’s already rich history of establishing fairness for all.’
Almost as soon as the decision was handed down, however, there were calls from opposition groups to amend the state Constitution and define marriage as between a man and a woman. But with polls showing increasing public support for same-sex marriage and California Governor Arnold Schwarzenegger pledging to fight against any initiative to amend the Consititution, such an amendment is unlikely to become a reality.
As America’s most populous state and the state with the most same-sex couples, California’s legalization of gay marriage has rekindled the nationwide debate on gay rights.
Court cases similar to the one heard in California are currently before the Supreme Court’s in Iowa and Connecticut, and following the ruling in California, the Governor of New York ordered state agencies to recognize same-sex marriages sanctioned by other states and countries. Additionally, numerous political commentators have predicted gay rights and gay marriage will become a prevalent issue in the 2008 Presidential election later this year.
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