Calif. high court overturns same-sex marriage ban

Missouri is one of 27 states with an amendment banning same-sex marriage.

By Andrew Denney
May 15, 2008

The California Supreme Court ruled the state's ban on same-sex marriage unconstitutional Thursday, but voters can override the decision in November.

The state's court struck down the amendment with a 4-3 vote, which makes California the second state to officially recognize same-sex marriages. An initiative that would re-establish the ban, which attracted more than 1.1 million signatures from voters on its petitions, will be included on the state's Election Day ballot.

Chief Justice Ronald George said in the court's decision the state's definition of marriage, which the state’s voters approved in 2000, under the amendment had treated same-sex couples as "second-class citizens". He said the right to form a family is a "basic civil right" enjoyed by opposite-sex couples that should also be extended same-sex couples.

In a dissenting opinion, Associate Justice Marvin Baxter said voters determined the state’s legal definition of marriage, and a change in the definition should be established through "similar democratic means."

"The people, directly or through their representatives, have every right to adopt laws abrogating the historic understanding that civil marriage is between a man and a woman," Baxter said.

The court has six Republicans and one Democrat on the bench. The court's decision will become effective in 30 days.

The California State Legislature has twice passed bills that would have extended marriage rights to same-sex couples, but California Gov. Arnold Schwarzenegger vetoed the measures.

On Thursday, Schwarzenegger said in a statement he respects the court's decision, and he would not support any amendment to their ruling.

Advocacy groups for same-sex couples praised the court’s ruling.

National Center for Lesbian Rights Legal Director Shannon Price Minter said the court’s decision upheld the “highest ideals” of the California constitution.

“There is no more important and deeply personal decision than whether to take on the commitment of marriage,” Minter said in a release. “With today’s ruling, the California Supreme Court declared that lesbians and gay men have an equal right to make that cherished commitment.”

Maya Harris, executive director of the American Civil Liberties Union of Northern California, said in a statement the court’s decision is a “defining moment” in the state’s history.

"All Californians should be incredibly proud of our state for leading the nation in ending the unnecessary pain that is caused when lesbian and gay couples are barred from the legal protections and dignity that come through marriage," Harris said.

Protect Marriage, a coalition of churches and organizations that is sponsoring the proposed ban on marriage for same-sex couples, stated on its website that a constitutional amendment is necessary to prevent the courts from overturning the electorate’s decision.

Protect Marriage chairman Ron Prentice said the court’s decision should cause “outrage” among the majority of the state’s voters.

“The will of the people has been completely undermined by four individuals,” Prentice said. “In November, the people will have an opportunity to overrule the Court’s decision by passing a constitutional amendment and California’s voters must respond by voting,”

Missouri is one of 27 states with an amendment banning marriage by same-sex couples. California and seven other states allow domestic partnerships, which have some of the same rights as married couples.

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