California Marriage Decision

THURSDAY . May 15, 2008

SUMMARY OF CALIFORNIA MARRIAGE DECISION:

What happened today?
The California Supreme Court struck down all language in California's state laws excluding gays and lesbians from marrying. They ruled that marriage is a right that must be made available to gays and lesbians. The ruling applies only to the State of California.

What does the ruling mean?
California today became the second U.S. state, after Massachusetts, to legalize same-sex marriage.

When will the ruling take effect?
The Court ordered that the State of California implement its ruling "forthwith." Unlike Massachusetts, the issue was not referred back to the state legislature. The Court is requiring the state to move quickly to implement its ruling.

Can today's ruling be overturned?
Not by the courts. But right-wing activists have announced plans for a state initiative for later this year in which Californians will vote on an amendment to the state constitution. The proposed amendment, if approved by voters, would overturn today's court's decision. This has been in progress for some time -- and has already been qualified for November's ballot. A major battle will loom in California over the next six months to defeat the amendment.
Gov. Schwarzenegger has already announced he opposes the amendment and will uphold the court's ruling.

What was Troy Perry's role in this case?
Troy and his spouse, Phillip, joined with Robin Tyler and her partner, Diane, to file the first marriage lawsuit in the California courts. Their lawsuit asked the State of California to make marriage available to gays and lesbians and to legally recognize same-sex marriages performed legally in such places as Canada. (They won both of their requests in today's ruling.) Shortly after they filed their lawsuit, the City of San Francisco issued marriage licenses to LGBT couples -- that situation ended up in the courts. Troy's case was combined with the San Francisco case when it went before the California Supreme Court.

Key quote from today's California ruling:
"(R)etaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise - now emphatically rejected by this state - that gay individuals and same-sex couples are in some respects "second-class citizens" who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples." (from the opinion authored by Chief Justice Ronald M. George.)

Jim Birkitt
MCC Communications Director

Reverend Canon Robert Griffin, M.Div.Special Assistant to the Presiding Elder/Moderator of Metropolitan Community Churches http://www.mccchurch.net/

Program Director, MCC Clergy Development Team http://www.mccchurch.net/

Director of Adult Spiritual Education and Christian Social Action http://www.lightu.org/

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