Friday, May 16, 2008

Same-Sex Marriage in CA!


Look out Massachusetts, California is joining the party too!
The California Supreme Court overturned a ban on same-sex marriage in the state. This struck down two state laws, and the 4-3 decision was drawn from the ruling in Perez v. Sharp that struck down California's ban on interracial marriage in 1967.

According to a New York Times article today, Chief Justice Ronald M. George wrote for the majority,
“In view of the substance and significance of the fundamental constitutional right to form a family relationship,” he wrote, “the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples. ...The right to marry represents the right of an individual to establish a legally recognized family with a person of one’s choice and, as such, is of fundamental significance both to society and to the individual." Chief Justice George conceded that “as an historical matter in this state marriage has always been restricted to a union between a man and a woman.” But “tradition alone,” the chief justice continued, does not justify the denial of a fundamental constitutional right. Bans on interracial marriage were, he wrote, sanctioned by the state for many years.”


There has already been a proposed initiative by Conservatives for the November ballot to ban same-sex marriage and overturn the courts decision. In my personal and humble opinion I hope that this doesn't get overturned, and I will personally vote against it in November. I firmly believe in the rationale that a separate type of marriage is inherently unequal, and I don't see why gay couples should not be allowed to marry if they want to.

So what does this mean for the Presidential race? Well all three candidates have said that they believe that marriage should be between a man and a woman, although in my opinion I can't see any democrat doing anything against this decision, as I think it would alienate a large group of voters. I do believe that this may give McCain a slightly larger vote than he might otherwise have received from the Sunshine State, no republican will ever win CA, so that's not really a worry.

It will be interesting to see how this all plays out, as different legal issues arise, as well as to see how this might (if at all) play into the Presidential race.

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