From THIS four years ago, came....
Several quotes from the 4-3 decision (more info here):
In light of the fundamental nature of the substantive rights embodied in the right to marry — and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society — the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation.It is true, of course, that as an historical matter in this state marriage always has been limited to a union between a man and a woman. Tradition alone,however, generally has not been viewed as a sufficient justification for perpetuating, without examination, the restriction or denial of a fundamental constitutional right.
and in response to the argument that marriage is for procreation exclusively (Washington State court's argument).
There is, however, no authority whatsoever to support the proposition that an individual who is physically incapable of bearing children does not possess a fundamental constitutional right to marry. Such a proposition clearly is untenable. A person who is physically incapable of bearing children still has the potential to become a parent and raise a child through adoption or through means of assisted reproduction, and the constitutional right to marry ensures the individual the opportunity to raise children in an officially recognized family with the person with whom the individual has chosen to share his or her life. Thus, although an important purpose underlying marriage may be to channel procreation into a stable family relationship, that purpose cannot be viewed as limiting the constitutional right to marry to couples who are capable of biologically producing a child together.
It appears an IMMEDIATE ruling to strike down the ban and to allow marriage immediately:
in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand.
So....
Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court.
WE ARE MARRIED!!!!!!**
**Stay tuned though, I'm sure there will have to be some legislative work to get our DP converted.
Comments (6)
Woohoo!!! I just read this in the NYT and came here immediately.
Congratulations (again!) -- what a victory. :)
Carla (yukari at [parenting group we belong to])
Comment #152984 on May 15, 2008 11:10 AM |
Congratulations, Trey and Guy! I hope the DP can indeed be converted and you guys don't have to get married a for a fourth time... although I'm sure Emma would enjoy another ceremony! Greetings from India.
Comment #152985 on May 15, 2008 11:14 AM |
Hi and thank you Carla and AS!!
Yeah, I hope this one sticks! LOL...
back in India AS?! We'll have to visit some day :).
Comment #152988 on May 15, 2008 11:43 AM |
I saw this blog posted in the comments section of DailyKos and saw your original wedding photos and wanted to give your family my best wishes! Congratulations!
Comment #152990 on May 15, 2008 11:47 AM |
Yeah!! What wonderful news. Congrats to you and Guy and the whole Daddy/PaPa family!
Comment #153009 on May 15, 2008 4:46 PM |
Congratulations, y'all!!
Comment #153032 on May 16, 2008 5:10 AM |