Breaking news: California Supreme Court rules marriage ban unconstitutional!

| May 15, 2008 - 1:25 pm

Tags: awesome, California, LGBT, marriage equality

The question we must address is whether, under these circumstances, the failure to designate the official relationship of same-sex couples as marriage violates the California Constitution.

In 2000, too young to vote, my stomach sank when the Knight Initiative [Added: Proposition 22] — a marriage ban written by a man with a gay son — and an "anti-gang" measure sure to disproportionately target young people of color passed in California.

Organizing around the marriage ban those initiatives was one of my introductions to the world of activism. Now the Supreme Court of my home state has ruled the ban unconstitutional!

Read the decision yourself at http://www.courtinfo.ca.gov/opinions/. (Direct permanent link (PDF).)

UPDATE: If you don't have the time or inclination to read the decision:

In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation. In view of the lengthy history of the use of the term “marriage” to describe the family relationship here at issue, and the importance that both the supporters of the 1977 amendment to the marriage statutes and the electors who voted in favor of Proposition 22 unquestionably attached to the designation of marriage, here can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state’s general legislative policy and preference. Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand. Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court. Further, as the prevailing parties, plaintiffs are entitled to their costs. The judgment of the Court of Appeal is reversed, and the matter is remanded to that court for further action consistent with this opinion.

Likely to go to the U.S. Supreme Court. Another example of why courts matter.

Clock in for gender equality

This is such an awesome milestone--but we got miles and miles to go. Today YP4 is partnering up with Lambda Legal for the Clock-In For Workplace Equality Pledge-a-thon. If you're in NYC you can come down to the YP4 office, sign the pledge and get a wicked sweet button, or you can sign up online at http://ga4.org/campaign/clockin

Take the next step for equality!

Dan Klein
Young People For
People For the American Way Foundation
149 5th Avenue, 7th Floor
New York, NY 10010
212.420.0440 x25

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