California to Reconsider Ban on Gay Marriage

Some thought that the peaceful protests held nationwide concerning California’s recent ban on gay marriage would yield no results. And yet…those people were wrong.

Although the ban shall still serve until a decision is reached, as of Wednesday, November 19th, 2008, California’s Supreme Court has agreed to hear a case speaking against Proposition 8, which is a voter-approved ban on gay marriage throughout the state—and which also made all gay marriages performed before the ban null and void.

In May of 2008, the same court allowed gay marriages to become legal in California in a four-to-three decision, but it has been a debate in the western state for decades. Many protested that although marriages are a matter of state law, preventing them went against the Equal Protection Clause; part of the Fourteenth Amendment to the United States Constitution which states, “No state shall ... deny to any person within its jurisdiction the equal protection of the laws.”

On June 20th, 2008, the California Supreme Court witnessed gay rights groups rallying together to present their case, seeking to remove Proposition 8 from the November ballot. Unfortunately, their lawsuit was dismissed less than a month later.

Soon after, Jerry Brown, Attorney General of the State of California, changed the title of initiative Proposition 8 from “Limit on Marriage” to “Eliminates the Right of Same-Sex Couples to Marry,” which drew considerable criticism. Backers of the proposition sued, not wanting their aim to be misunderstood, but Superior Court Judge Timothy Frawley ruled in favor of Jerry Brown, stating, “The attorney general did not abuse his discretion in concluding that the chief purpose and effect of the initiative is to eliminate the right of same-sex couples to marry,” and therefore allowing for the new name to appear on the California ballots in November, where it passed with 52% of voters in favor of the ban.

Although oral arguments will not be heard until March of 2009, at the earliest, ban opponents remain hopeful that this case will spark change to the plight of gay couples hoping to be married and those who support them. San Francisco Mayor Gavin Newsom offered his support to the cause, firmly stating that “I am optimistic that the Supreme Court will affirm that separate is not equal,” and relating the struggle for equality in marriage to the American civil rights battle of the 1960s.

Even with the support of Governor Arnold Schwarzenegger, marriages performed between May of 2008 and the passing of Proposition 8 are still considered annulled, though many are hoping for that to change if the debate goes in their favor in the upcoming case. Some, like Andrew Pugno, the lawyer for Proposition 8 advocates, considers a victory for gay marriage “a long shot,” but admits that one of the biggest problems to be addressed is the pending status of gay marriages already performed.

But still, opponents of the proposition refuse to give up hope. Their voices have been heard, and come March of next year may have been enough to instigate a change in California law.

Source: Reuters.