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October 28, 2020
The following article is located at: https://www.christianitytoday.com/news/2008/may/california-high-court-okays-gay-marriage.html
News & Reporting, May 2008
Gleanings
California High Court Okays Gay Marriage
Opponents say they'll try to amend the state constitution.
David Finnigan, Religion News Service | posted May 15, 2008

California will become only the second U.S. state to allow gay and lesbian couples to tie the knot after the state's Supreme Court on Thursday (May 15) overturned a voter referendum that had banned same-sex marriages.

Twenty-three gay and lesbian couples had filed suit to challenge a 1977 law and the 2000 referendum that defined marriage as between a man and a woman. In a 4-3 decision, the court ruled that barring gay couples from marriage violates the "fundamental constitutional right to form a family relationship."

Writing for the majority, Chief Justice Ronald George said opening marriage to same-sex couples "will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage."

Under the ruling, same-sex couples will be eligible for marriage licenses in 30 days, and the state will recognize gay marriages performed in other jurisdictions. Currently only Massachusetts allows gay marriage, as do five other countries, including Canada.

While gay rights group hailed the ruling as a watershed victory, opponents promised a no-holds-barred battle to amend the state constitution to explicitly ban same-sex marriages. If approved by voters in November, the amendment would trump the court's decision.

Gov. Arnold Schwarzenegger has twice vetoed a legislative attempt to allow gay marriages, but said he would oppose the November referendum and respect the state court's decision.

Justice Marvin Baxter, in a dissenting opinion, said the court's majority was imposing "by judicial fiat its own social policy views for those expressed by the people."

Several religious groups – including Mormons, the state's Catholic bishops, Orthodox Jews and the National Association of Evangelicals – had filed briefs asking the court to not allow gay couples to wed.

Conservatives, while bitterly disappointed, indicated they would use the decision to build momentum to pass the constitutional amendment. "This ruling will unite the people of California and ...

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