Showing posts with label California Proposition 8. Show all posts
Showing posts with label California Proposition 8. Show all posts

California high court upholds same-sex marriage ban

Updated 2 hours, 39 minutes ago

Protesters gather outside the California Supreme Court in San Francisco on Tuesday.

SAN FRANCISCO, California (CNN) -- California's highest court upheld a voter-approved ban on same-sex marriages Tuesday but allowed about 18,000 unions performed before the ban to remain valid.

Supporters of November ballot initiative Proposition 8 hailed the ruling, but about 1,000 advocates of same-sex marriages who gathered outside the court building in San Francisco met the 6-1 decision with chants of "Shame on you."

"It is impossible to square the elation that we felt just a year ago with the grief that we feel today," said Kate Kendell, head of the National Center for Lesbian Rights. "And it is impossible to reconcile the court's ruling from a year ago with its upholding of Proposition 8 today."

The same court, dominated by Republican appointees, ruled in May 2008 that the state constitution guaranteed gay and lesbian couples the "basic civil right" to marry. Voters responded in November by approving the marriage ban by a margin of 52 to 48 percent.

Opponents of the ban argued that it improperly altered California's constitution to restrict a fundamental right guaranteed in the state charter. Its supporters argued that Californians long have had the right to change their state constitution through ballot initiatives.

Tuesday's ruling found that the proposition restricted the designation of marriage "while not otherwise affecting the fundamental constitutional rights of same-sex couples," as Chief Justice Ronald George wrote.

In a dissenting opinion, Justice Carlos Moreno -- the court's only Democratic appointee -- wrote that the decision "is not just a defeat for same-sex couples, but for any minority group that seeks the protection of the equal protection clause of the California Constitution."

The decision sparked protests in San Francisco, Los Angeles and San Diego.

"It's nice that my marriage is still intact, but that's not the point," said Kathleen White, who was among those awaiting the ruling in San Francisco. "The point is that everybody should have the same civil rights across the board."

But Miles McPherson, pastor of the Rock Church in San Diego, said the court "did the right thing."

Voters in 28 other states have approved constitutional bans on same-sex marriages, and none has been rejected, he said.

"God didn't create the family that way," McPherson said. "You can't have a family with a mother and a mother, because [children] need a mother and a father to nurture their personality and their character."

Tony Perkins, president of the conservative Family Research Council, said the ruling "should encourage pro-family activists not only in California but across the country." But he said that by preserving marriages performed before the ban, the justices could have opened a door to a possible appeal to the U.S. Supreme Court.

It was unclear whether advocates had an avenue to appeal Tuesday's ruling, however. And Dennis Herrera, San Francisco's city attorney, said the fight for same-sex marriage rights would most likely go on "in the electoral arena."

"Today we're faced with a disappointing decision," Herrera said. "But I think we also know it could have been worse."

A new effort, dubbed Yes on Equality, has begun working to place an initiative on the 2010 ballot that would repeal Proposition 8.

State justices left unaddressed whether same-sex marriages performed in other states before the ban was adopted would be recognized in California, and advocates would have to argue that the measure violated their rights under the U.S. Constitution for the U.S. Supreme Court to take up the case.

California took its first steps toward recognizing same-sex marriages in 2004, when San Francisco began issuing marriage licenses to gay and lesbian couples. iReport.com: React to court decision and share photos, video

Gov. Arnold Schwarzenegger, who opposed the initiative, praised the court for leaving the previous marriages intact and urged opponents of the decision to respond "peacefully and lawfully."

"While I believe that one day either the people or courts will recognize gay marriage, as governor of California, I will uphold the decision of the California Supreme Court," Schwarzenegger said in a written statement.

Four states -- Connecticut, Maine, Massachusetts and Iowa -- currently allow same-sex marriages. A Vermont law making such marriages legal will take effect in September. And the District of Columbia voted May 5 to recognize same-sex marriages performed elsewhere, though it does not itself give marriage licenses to same-sex couples.

From CNN.com; see the source article here.


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New Hampshire House opposes governor on same-sex marriage

At this point, not everyone is already sold to the idea of same-sex marriage. Basing on the survey, it seems that older people are voting against this latest craze of same-sex marriage, while younger people go for it. My opinion, hotter blood needs more room for experimentation, while those ‘who are done with it’ needs time for reflection and penitence. Think so?
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Updated 1 hour, 37 minutes ago

Four states -- Connecticut, Maine, Massachusetts, and Iowa -- allow same-sex marriages.

(CNN) -- New Hampshire's move to become the most recent state to legalize same-sex marriage hit a bump Wednesday, after the state House of Representatives failed to agree to changes made by the governor.

The House and Senate have approved allowing gay couples to marry.

But Gov. John Lynch, a three-term Democrat, said last week he would sign a same-sex marriage bill only if it provides "the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions."

Lynch said any such measure needs to "make clear that [clergy and other religious officials] cannot be forced to act in ways that violate their deeply held religious principles."

The House on Wednesday fell two votes short of approving Lynch's language, 186-188.

The chamber then voted to send the legislation to a committee to be considered further.

The language would specify that religious organizations can decline to take part in any marriage ceremony without incurring fines or risking lawsuits.

New Hampshire's movement in the gay marriage debate is part of a flurry of recent activity surrounding the issue.

On May 6, same-sex marriage became legal in Maine, as Gov. John Baldacci signed a bill less than an hour after the state legislature approved it.

The District of Columbia voted May 5 to recognize same-sex marriages performed elsewhere, though it does not itself give marriage licenses to gay or lesbian couples.

Meanwhile, New York Gov. David Paterson introduced legislation in April to make same-sex marriage legal in New York. A similar bill died in the state Senate in 2007.
Iowa's Supreme Court ruled unanimously on April 3 that it is illegal to discriminate against same-sex couples by denying them the right to marry. The first same-sex marriages in the state took place April 27.

Four states -- Connecticut, Maine, Massachusetts, and Iowa -- allow same-sex marriages. A Vermont law making gay and lesbian marriages legal takes effect in September.

California's state Supreme Court issued a ruling legalizing same-sex marriage in May 2008, and 18,000 gay and lesbian couples got married in the state. But California voters in November approved Proposition 8, which amended the state constitution to ban gay marriage.

That state's high court heard arguments earlier this year about whether Proposition 8 was itself constitutional. It has not yet issued a verdict.

A slim majority of Americans are against legal recognition for same-sex marriage, CNN polling found last month. Fifty-four percent of adults questioned in an April 23-26 nationwide CNN/Opinion Research Corp. poll said that marriages between gay or lesbian couples should not be recognized as valid, while 44 percent said they should be considered legal.

But there was a huge gap between the opinions of younger and older people, with younger people far more likely to approve of gay marriage. Nearly six in 10 people ages 18 to 34 said same-sex marriages should be legal. Just over four in 10 people ages 35 to 49 agreed, and the number was similar for 50- to 64-year olds. Only 24 percent of people 65 and older agreed.

The survey's sampling error was plus or minus 3 percentage points.

From ChannelNewsAsia.com; see the source article here.


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