by Kathryn R. Smith

Created on: May 25, 2008

On May 18, California became the second U.S. state to legalize gay marriage. California has long been one of a handful of states that allows domestic partnerships for same-sex couples, but allowing gay couples to marry opens up to them many rights that are not available in domestic partnerships and same-sex unions. The Court overturned the ban on the grounds that a separate-but-equal' relationship between marriage and civil unions is not constitutional.

The ruling repealed the text of Proposition 22, also known as the "California Defense of Marriage Act" from March of 2000 that explicitly defined marriage as being between a man and a woman. In a case that has the makings of a historical precedent for gay rights, the justices that heard the case cited Perez v. Sharp when announcing their decision to overturn the ban. The 1948 case legalized interracial marriage in California on the grounds that prohibiting it violated the fourteenth amendment.

Among the opponents of the ruling are those who want California voters to decide the fate of gay marriage in the state. Two of the opposing justices, Marvin R. Baxter and Carol A. Corrigan sounded off on the issue saying that, "the majority should have deferred to the Legislature on whether to allow same-sex marriage"(Baxter) and the "the courts should allow the political process to address the question" (Corrigan) (1).

The Court has up to 30 days after the ruling to put the repeal into action. The Alliance Defense Fund, based in Arizona, plans on petitioning to delay the decision until November, when California voters may be voting on a proposition to add the phrase "Only marriage between a man and a woman is valid and recognized in California" (2) to California's constitution. The phrase is the same one that originally banned gay marriage in Proposition 22.

Jerry Brown, a spokesman for the Attorney General, speculates that state officials will not back a request for stay (3).

If the Alliance Defense Fund and other opponents of the ruling are successful, we will all find out in November exactly how California citizens feel about gay marriage and whether it should be covered under or excluded from California's constitution.

1. NewYorkTimes.com "California Supreme Court Overturns Gay Marriage Ban" Adam Liptak, 05/16/08
2. NewYorkTimes.com "California Ruling on Same-Sex Marriage Fuels a Battle, Rather Than Ending it." Jesse McKinley, 05/18/08
3. MercuryNews.com "Request for hold on California gay marriage ruling could postpone weddings." Howard Mintz, 05/22/08

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