WITHIN a decade, same-sex marriage probably will be legal in California. Thanks to the California Supreme Court 6-1 ruling on Tuesday to uphold Proposition 8, the law will be changed in the proper way - not by judicial fiat, but with California voters determining whether, when and how best to broaden the state's marriage laws. In a 4-3 decision last May, the court had ruled that California's ban on same-sex marriage was unconstitutional, as the state's civil- union laws conferred "significantly unequal treatment" for same-sex couples by denying them the right to call themselves married. In November, voters struck back by passing, with 52 percent of the vote, Proposition 8, which changed the state Constitution to define marriage as between a man and a woman.
Ellen DeGeneres is putting the California Supreme Court ruling in favor of gay marriage into action - she and Portia de Rossi plan to wed, DeGeneres announced during a taping of her talk show. DeGeneres was taping the episode of "The Ellen DeGeneres Show" on Thursday, the day the state's high court struck down California laws against gay marriage, and it aired Friday .
The decision of California voters concerning same-sex marriage may have far-reaching ramifications on other states' laws, according to a constitutional expert at USC. What was once a double-digit lead for opponents just months ago is now a dead heat in the polls. A recent Public Policy Institute of California survey shows 44 percent of voters favor the measure, while 52 percent don't; 4 percent of voters remain undecided. Meanwhile, Survey USA showed just a 3 percent lead for those against the proposition.
Not even a successful petition drive can tear asunder the Maryland high court's decision requiring the state to recognize as valid the marriages of same-sex couples who lawfully wed in other states. The Court of Appeals, in its landmark ruling Friday, said recognition is required by the legal doctrine of comity -- under which one state accepts the legal judgments of another -- because same-sex marriage is neither "repugnant" to the state's public policy nor expressly prohibited by state law. The court's ruling came as a Maryland state law permitting same-sex marriages is slated to go into effect Jan. 1. But that law, the Civil Marriage Protection Act, will likely be put before Maryland voters this fall, as opponents of the measure have mounted a petition drive to get the 55,736 signatu...
The 9th Circuit ruled today that California's voter-approved ban on same-sex marriage was unconstitutional, setting the stage for the case to land before the justices of the U.S. Supreme Court. All that Proposition 8 accomplished was to take away from same- sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage,' which symbolizes state legitimization and social recognition of their committed relationships," wrote 9th Circuit Judge Stephen Reinhardt in the 2- 1 decision finding that the law violated the 14th Amendment. "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of o...
Changes in the status of same-sex marriage and civil unions have occurred over the past year in some states, while in other states legislation has been recently introduced. Below is a listing of the current status of laws regarding same- sex marriage and civil unions in the 50 states and the District of Columbia. While I have attempted to be as accurate as possible, sources are not completely in agreement, and I suggest that if it is critical for a reader to ascertain the exact status in a particular jurisdiction, official state sources be consulted.
...California: Unions granting marriage-like rights authorized; ...
... of the Court.We consider whether a California law imposing restrictions on violent video gam...-even a political rally in support of laws against corporalpunishment of children, or laws i...).Laws also set age limits restricting marriage withoutparental consent. For example, from 1730 un...
When on March 26 the Supreme Court hears oral arguments about whether California's ban on same-sex marriages violates the constitutional right to "equal protection of the laws," these arguments will invoke the intersection of law and social science. The court should tread cautiously, if at all, on this dark and bloody ground. The Obama administration says California's law expresses "prejudice" that is "impermissible." But same-sex marriage is a matter about which intelligent people reasonably disagree, partly because so little is known about its consequences.
When on March 26 the Supreme Court hears oral arguments about whether California's ban on same-sex marriages violates the constitutional right to "equal protection of the laws," these arguments will invoke the intersection of law and social science. The court should tread cautiously, if at all, on this dark and bloody ground. The Obama administration says California's law expresses "prejudice" that is "impermissible." But same-sex marriage is a matter about which intelligent people reasonably disagree, partly because so little is known about its consequences.
Hall lives in Floyd and has taught in Seoul, South Korea. The Supreme Court will take up two cases dealing with same-sex marriage and should arrive at a decision around June. If the court makes a substantive ruling, it may overturn many state laws - allowing same-sex couples the right to civil marriage. Or it may uphold laws like California's constitutional amendment, Proposition8, which only allows for traditional civil marriages. Whether justices think gay marriage is right or wrong, their job is to interpret the Constitution. Otherwise, we have activist judges who make the law based on whatever their fiat dictates. I think the court should ultimately decide to leave the question of allowing same-sex couples the status of a civil marriage to the respective elected state leg...
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