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Wednesday, March 16, 2005

Law - Calif. Judge Backs Same-Sex Marriage

There have been a number of stories this week about the trial court ruling in California holding their defense of marriage act unconstitutional, but no copies of the opinion. Now the decision is available, albeit as a 27-page scanned version of the ruling - access it here from Findlaw.com.

Here are some quotes from the Washington Post coverage:

The ruling comes almost exactly a year after San Francisco Mayor Gavin Newsom challenged state law during a month-long period in which he authorized the marriages of more than 4,000 gay couples at City Hall.

The California Supreme Court blocked the city from issuing marriage licenses to same-sex couples and later nullified those unions, saying Newsom's actions violated state laws. Monday's ruling stems from lawsuits brought by the city and a dozen couples challenging the constitutionality of those laws.

In a 27-page ruling, Superior Court Judge Richard A. Kramer said the state would have to prove that it has a compelling interest in denying gay men and lesbians a right afforded to heterosexuals. "It appears," he wrote, "that no rational purpose exists for limiting marriage . . . to opposite-sex partners."

The state attorney general's office had argued that the definition of marriage as a union between a man and a woman was part of "California's traditional understanding" and was deeply rooted in state history. But Kramer noted that the same rationale had been used to defend the old ban on interracial marriage.

"Same sex marriage cannot be prohibited solely because California has always done so before," Kramer wrote.

He also rejected the argument that California's ban did not violate the equal protection rights of gays because of other laws that provide gay couples virtually the same rights that are guaranteed in marriage. In fact, he said, such a policy "cuts against the existence of a rational government interest for denying marriage to same-sex couples."

Kramer noted that opponents had warned that same-sex marriage could open the door to marriage between siblings or involving children. But the judge noted that the case law upholding same-sex marriage "is not saying that therefore anyone can marry anyone else," and that the government would still be able to claim a legitimate interest in blocking incestuous or underage unions.

Looking through the opinion, Judge Kramer begins near the end of page 21 a discussion of reliance on procreation (as was the case with Indiana's Court of Appeals decision) as a justification for denying marriage to same-sex couples.

Reason Magazine ("the monthly print magazine of 'free minds and free markets'") has an interesting take on the California ruling here.

And here is the link to C-SPAN's America & the Courts page, where you can watch:

ON AMERICA & THE COURTS
WA State Supreme Court Argument
In Olympia, Washington the Supreme Court hears oral arguments in two cases regarding same-sex marriage. The cases, which the Court consolidated into one argument, question whether Washington’s Defense of Marriage Act, which prohibits same-sex marriages, is unconstitutional under the state constitution.
FROM SATURDAY, MARCH 12

Posted by Marcia Oddi on March 16, 2005 05:25 PM
Posted to General Law Related