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Mountain GLBTQ Group

CA Supreme Court Ruling Excerpts

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Sent: Thursday, May 15, 2008 11:26 AM
Some quotes from the California Supreme Court ruling today:

p. 5-6, "Although, as an historical matter, civil marriage and the rights associated with it traditionally have been afforded only to opposite-sex couples, this court’s landmark decision 60 years ago in Perez v. Sharp (1948) 32 Cal.2d 711 == which found that California’s statutory provisions prohibiting interracial marriages were inconsistent with the fundamental constitutional right to marry, notwithstanding the circumstance that statutory prohibitions on interracial marriage had existed since the founding of the state -- makes clear that history alone is not invariably an appropriate guide..."

p. 6-7, "...we conclude that, under this state’s Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual’s liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process. These core substantive rights include, most fundamentally, the opportunity of an individual to establish -- with the person with whom the individual has chosen to share his or her life -- an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity accorded a union traditionally designated as marriage."

p. 7, "Furthermore, in contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation -- like a person’s race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights."

P. 11, "...permitting same-sex couples access to the designation of marriage will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage..."

p. 11, "...affording same-sex couples only a separate and differently named family relationship will, as a realistic matter, impose appreciable harm on same-sex couples and their children..."

p. 11, "...because of the widespread disparagement that gay individuals historically have faced, it is all the more probable that excluding same-sex couples from the legal institution of marriage is likely to be viewed as reflecting an official view that their committed relationships are of lesser stature..."

p. 11-12, "...retaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise -- now emphatically rejected by this state -- that gay individuals and same-sex couplesare in some respects 'second-class citizens' who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples."

It's 172 pages, so, there's probably a lot more. It can be found at http://msnbcmedia.msn.com/i/msnbc/sections/news/080515_CA....

~ Scott
From: Castine
Sent: Thursday, May 15, 2008 12:42 PM
On August 12, 2004, while the Marriage Cases coordination proceeding
was pending in the superior court, our court rendered its decision in Lockyer,
supra, 33 Cal.4th 1055, concluding that the City officials had exceeded their
authority in issuing marriage licenses to same-sex couples in the absence of a
judicial determination that the statutory provisions limiting marriage to the union
of a man and a woman are unconstitutional, and further concluding that the
approximately 4,000 same-sex marriages performed in San Francisco prior to our
March 11, 2004, order were void and of no legal effect. In light of these
conclusions, we issued a writ of mandate compelling the City officials to comply
with the requirements and limitations of the current marriage statutes in
performing their duties under these statutes, and directing the officials to notify all
same-sex couples to whom the officials had issued marriage licenses or registered
marriage certificates that these same-sex marriages were void from their inception
and a legal nullity. (Lockyer, supra, 33 Cal.4th at p. 1120.) Although we
concluded in Lockyer that the City officials had acted unlawfully and that the
same-sex marriages they had authorized were void, as already noted our opinion
made clear that the substantive question of the constitutionality of California’s
statutory provisions limiting marriage to a man and a woman was not before us in
the Lockyer proceeding and that we were expressing no opinion on this issue.
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