Woo Hoo
Posted by Matt Zeitlin on May 15, 2008
Marriage equality makes me happy:
Gays and lesbians have a constitutional right to marry in California, the state Supreme Court said today in a historic ruling that could be repudiated by the voters in November.
In a 4-3 decision, the justices said the state’s ban on same-sex marriage violates the “fundamental constitutional right to form a family relationship.” The ruling is likely to flood county courthouses with applications from couples newly eligible to marry when the decision takes effect in 30 days.
What’s interesting about this decision, especially considering the inevitable cries of judicial activism from conservatives, is that this is exactly what Governor Schwarzenegger wanted to happen. When the California legislature twice passed bills legalizing gay marriage, Schwarzenegger vetoed them, saying that he didn’t want to override Proposition 22, which prevented California from recognizing out of state or international same-sex marriages. He also explicitly stated that he was amenable to either a proposition or the courts settling the issue. And now the courts have settled the issue, despite the fact that there is sure to be another proposition passing a constitutional amendment to get rid of same-sex marriage. But I’m optimistic - it’s unlikely that a socially liberal state will want to nullify the thousands of marriages that are sure to happen before the next election. This would square the circle of the decision being viewed as democratically legitimate - if the people refuse to overturn it, they’d essentially be giving their stamp of approval.
For more on the complicated mess that is California, same sex marriage and the constitution, read Josh Patashnik.
