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(San Francisco, California) The next step is the
Supreme Court of California for same-sex couples wishing to marry. The
Court of Appeals late Thursday afternoon ruled that the state's ban on same-sex
marriage does not violate the constitutional rights of gays and lesbians.
A three-judge panel of the court heard arguments
in six cases involving gay marriage in July.
Deputy Attorney General
Christopher Krueger argued that marriage should only be
between a man and woman. Krueger told the court that same-sex
couples already have almost identical rights to married
couples under the state's domestic partner law.
He also said that marriage was
an issue for the legislature not the courts.
Not so argued Shannon Minter
from the National Center for Lesbian Rights.
California's Supreme Court was the first in the nation to
overturn laws forbidding interracial marriage he noted.
The legislature has already had
its say on same-sex marriage, passing a bill that would
legalize gay marriage. The legislation was vetoed by Gov.
Arnold Schwarzenegger who at the time said the issue should be
decided by the courts or by plebiscite.
The cases all arose after San
Francisco Mayor Gavin Newsom in 2004 began allowing marriage
licenses to be issued to same-sex couples. Some 8,000
gay and lesbian couples married before the state Supreme Court
halted the march to the altar.
In March 2005 a Superior Court
judge in San Francisco ruled that California law denying
same-sex marriage was unconstitutional.
"It appears that no
rational purpose exists for limiting marriage in this state to
opposite-sex partners," County Superior Court Judge
Richard Kramer said in a written ruling. (story)
In striking down the state ban
on same-sex marriage Kramer wrote that the state's historical
definition of marriage, by itself, cannot justify the denial
of equal protection for gays and lesbians.
"The state's protracted
denial of equal protection cannot be justified simply because
such constitutional violation has become traditional,"
Kramer wrote.
Kramer's ruling was put on hold
while the state appealed. Thursday's Appeals Court ruling
reverses Kramer's decision.
"The time may come when
California chooses to expand the definition of marriage to
encompass same-sex unions. That change must come from
democratic processes, however, not by judicial fiat," the
Appeals Court ruling said.
In a dissent, Justice Anthony
Kline wrote, "[T]he inescapable effect of the analysis
the majority adopts is to diminish the humanity of the lesbian
and gay men whose rights are defeated. The right to marry is
of fundamental important for all individuals."
The Appeals Court is only one
step on the way to the state Supreme Court, and was not
unexpected. Even had the court ruled in favor of gay marriage
the state would have appealed to the high court.
LGBT advocacy groups said they were
confident that eventually same-sex couples will be able to
legally marry in California.
"We have always known
this case ultimately will be decided by the California Supreme
Court," said Shannon Minter, Legal Director of the
National Center for Lesbian Rights, who argued before the
Court.
"We believe Judge
Kramer got it right when he ruled that excluding same-sex
couples from marriage violates the constitutional promise of
equality. We are optimistic that the California Supreme Court
will affirm the trial court's historic ruling and strike down
one of the last remaining laws to discriminate against an
entire group of people in this state," said Minter.
"This decision is a
pit-stop on the long road to justice, not a detour," said
Jennifer C. Pizer, Senior Counsel at Lambda Legal.
"We believe that the
Supreme Court will find as the trial court did that there is
no room in California for a 'separate but equal' status that
serves only to stigmatize same-sex couples and their children,"
Pizer said.
"Though we are
disappointed, we always knew this issue was going to be
decided by the California Supreme Court,” said Molly McKay,
Media Director of Marriage Equality USA.
“It is our generation’s
responsibility to see justice done for our families in our
state and country. We believe that the California
Supreme Court will enforce the Constitutional guarantee of
equality under the law and strike down the discriminatory
barriers denying same-sex couples access to civil marriage.”
©365Gay.com 2006
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