SAN FRANCISCO — The California Supreme Court ruled Thursday that same-sex couples should be permitted to marry, rejecting state marriage laws as discriminatory.
The court’s 4-3 ruling was unlikely to end the debate over same-sex matrimony in California. A group has circulated petitions for a ballot initiative in November that would amend the state constitution to block same-sex marriages, while the Legislature has twice passed bills to authorize it. Gov. Arnold Schwarzenegger vetoed both.
The long-awaited court decision stemmed from San Francisco’s highly publicized same-sex weddings, which in 2004 helped spur a conservative backlash in a presidential election year and a national dialogue over gay rights.
Several states have since passed constitutional amendments banning same-sex marriage. Today, 27 states have such amendments.
The ruling Thursday by the Republican-dominated court affects more than 100,000 same-sex couples in the state, about a quarter of whom have children, according to U.S. census figures. It came after courts in New York, Washington and New Jersey refused to extend marriage rights to gay couples. Before Thursday, only Massachusetts’ top court has ruled in favor of permitting same-sex couples to wed.
The reaction to the ruling outside the courthouse in San Francisco was one of jubilation as couples, once denied marriage, hugged, kissed, shouted and shook their fists at the sky.
Holding up a sign that says, “Life feels different when you’re married,” Ellen Pontac said she was beyond words.
“Oh, wow,” she said. “It felt so good when we got married in San Francisco. This feels better.”
“Best day of my life”
She hugged her partner, Shelly Bailes.
“The best day of my life was when I met Ellen,” Bailes said. “This was as good as that.”
The two women said they have been together for 34 years. Added Bailes, “This feels good for us. But I can’t imagine what it means for all those young couples with their entire lives ahead of them.”
A few feet away, Kate Kendell, executive director of the National Center for Lesbian Rights, was mobbed by reporters and well-wishers.
“As of today, the right to marry is now guaranteed to anyone,” she said. “All I know is that we won.”
At his Los Angeles home, Jim Smith, a parent and part of a same-sex relationship, also rejoiced.
“I’m ecstatic,” said Smith, 40, chief technology officer for an online advertising agency. “I think this is the beginning of the end of ostracism, bullying and all the things that used to make people feel less human than others.”
Governor backs court
Schwarzenegger, who has vetoed two measures that would have authorized same-sex marriage, said Thursday that he would abide by the court’s ruling.
“I respect the court’s decision and as governor, I will uphold its ruling,” he said in a statement. “Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”
But as early as November, voters could be asked to render their opinion on an amendment that would again attempt to ban same-sex marriage.
A coalition of religious and conservative activists has submitted 1.1 million signatures to qualify the amendment, which would say that “only marriage between a man and a woman is valid or recognized in California.”
Andrew Pugno, an attorney for the initiative’s sponsors, said the court’s decision is a boost for the measure because opponents have been saying there is no real threat that same-sex marriages will happen.
“This decision draws a line in the sand and makes it clear that this is the last chance for voters to have a say,” Pugno said. “This is proof positive for voters that the courts are out of control and the voters have to step up.”
