Gays can marry in California!
May 15th, 2008
Amen!
Today is a major day in queer history: The California Supreme Court overturned the ban on gay marriage.
Gov. Arnold promised that he won’t support a constitutional amendment that would overturn the court’s ruling.
May 15th, 2008 at 1:43 pm
I hope everyone can appreciate the enormity of this victory. The basis of the court’s ruling is the equal protection clause of the California constitution, which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well.
May 15th, 2008 at 1:49 pm
MR. Garinn said: “which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well.”
Just to clarify: This decision cannot be appealed to the U.S. Supreme Court. The lawsuits were based solely on the equal protection clause of the California State Constitution, which is not necessarily the same as the U.S. Constitution, and so the state Supreme Court has the final word.
That is why this decision, as in Massachusetts, only to that one state and not the whole country.
May 15th, 2008 at 2:13 pm
Tammy’s right. The parties cannot appeal to the U.S. Supreme Court because no federal constitutional questions are at issue. Perhaps I should have said that the equal protection clause of the U.S. Constitution should be the basis for a U.S. Supreme Court ruling as well.