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The scene outside the California Supreme Court in San Francisco on May 15 as the court issued its decision striking down California’s ban on same-sex marriage   Wockner News photo by Michael Petrelis, petrelisfiles.com
breaking news
Locals celebrate high court’s decision to overturn same-sex marriage ban
Same-sex couples allowed to marry in 30 days
Published Thursday, 15-May-2008 in issue 1064
Bonny Russell and partner Jan Garbosky were on the phone Thursday at 10 a.m. reading through the California Supreme Court’s decision in the same-sex marriage case.
Amid the legal jargon and mixed message of the first five pages of the ruling, Garbosky finally found what she was looking for: victory.
Through tears, Garbosky asked Russell, her partner of 20 years, to marry her.
The two met an hour later at The San Diego LGBT Community Center. Surrounded by friends, they embraced, and Russell said, “Of course I’ll marry you.”
The California Supreme Court ruled Thursday to overturn the state’s ban on same-sex marriage, making California the second state in the nation to allow same-sex couples to marry. Mayor Jerry Sanders and the San Diego City Council signed an amicus brief, or friend-of-the-court brief, in November, supporting same-sex marriage.
On March 4 the courts heard oral arguments in the case that had a record 45 briefs submitted.
In its ruling, the court noted, “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 couples are 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.”
The decision explicitly strikes down Proposition 22, a voter passed initiative that passed in 2000 that sought to limit marriage to only between a man and woman. Under California rules of procedure, the decision can not go into effect for at least 30 days.
“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,” Chief Justice Ron George wrote for the court’s majority, which also included Justices Joyce Kennard, Kathryn Werdegar and Carlos Moreno.
In a dissenting opinion, Justice Marvin Baxter agreed with many arguments of the majority but said the court overstepped its authority. Changes to marriage laws should be decided by the voters, Baxter wrote. Justices Ming Chin and Carol Corrigan also dissented.
The San Diego county clerk’s office, Thursday, was inundated with calls from same-sex couples asking when they could be married.
“We will be waiting for the state who establishes marriages policies and procedures to tell us when we can start issuing marriage licenses,” said Diane Bradrick, the chief deputy county recorder for San Diego.
The court’s decision becomes final in 30 days, and couples can begin marrying, unless that period is extended by court order.
The Center hosted a short, informal information session Thursday following the high court’s ruling.
Word of the court’s ruling Thursday spread quickly in the community and San Diego residents gathered at The Center to share perspective.
“This is historic,” said Dale Kelly Bankhead, chair of The Center Advocacy Project. “This is a victory for every Californian who believes in fairness and that two loving, committed people are entitled to marry, no matter who they are. They [California Supreme Court] got it right … This tells the lower courts and the county clerks, ‘Get your pens out, get ready.’ I’m looking forward to going to a lot of weddings.”
When reminded wedding gifts for friends can be costly, she said, “I couldn’t imagine a better way to spend the money.”
“The decision by the state’s Supreme Court affirms that California’s constitution is about guaranteeing, not restricting, the rights of all Californians,” said Congressmember Susan Davis, in a statement.
Joyce Marieb and Linda Barufaldi joined friends and colleagues at The Center to celebrate the ruling. They have been partnered for 35 years and plan to wed on Aug. 30.
“After 35 years, we’re going to have a shotgun wedding,” Barufaldi joked.
The couple held hands while they shared their sentiments.
“This means everything – it’s a huge milestone on the road to entire equal rights,” said Marieb, the executive director of the Greater San Diego Business Association.
“We have the state rights now – not the federal,” said Barufaldi. “But social change happens incrementally … I did not expect to see this in my lifetime.”
A dark cloud, however, loomed over the crowd – a coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning same-sex marriage in the state constitution.
The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures. If voters pass the measure in November, it overrides the court’s ruling.
“This means we’re going to have to fight in November and it [the Supreme Court’s ruling] means we can win,” said Delores Jacobs, CEO of The Center. “We can educate all of California … I think we can do that. People understand now what there is to lose. We have reason to hope. Change is possible. Change is coming.”
The Center, along with allied statewide organizations, will launch an education campaign to encourage voters to reject the initiative, should it qualify.
Gov. Arnold Schwarzenegger issued a statement saying he respects the court’s decision and will uphold its ruling: “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.”
Some, Thursday, relished the fact they’d be married soon and chose to celebrate rather than worry.
“I don’t even want to think about it – this is too special, today is too special to spoil with November. We will be married,” Russell said, incredulously.
“And beyond our wedding day,” Garbosky said, “I’ll always be married to Bonny. In our hearts and in our souls.”
Barufaldi said the window of time allowing same-sex couples to marry before November may sway voters.
“There will be backlash to the court’s judgment, but it will be short-lived,” Barufaldi said. “It will make us all the more energized for the education campaign. And I think we’ll see what we referred to as the Massachusetts phenomenon … the opposition is going to see no one died – their marriages aren’t going to be changed by ours.”
The Associated Press contributed to this story.
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