California’s Gay Marriage Battle

Due to the 2008 Presidential election’s domination of news coverage these days, it hasn’t gotten much attention in the media. But in California, a state which is known to lead the way for the rest of the nation, an epic battle is underway that could determine the future of the American gay rights movement. Not too long ago, on March 4th, the California Supreme Court began a process that will last 90 days, to hear from both advocates and opposers of equal marriage rights for gay couples. Among the advocates were San Francisco Mayor Gavin Newsom, and John Duran, Mayor of West Hollywood. Among the opposers were State Attorney-General Jerry Brown, and Governor Arnold Schwarzenegger.  It all began 4 years ago, when Mayor Newsom allowed gay couples to marry in San Francisco despite the fact that California, 4 years prior, had passed legislation that defined marriage as between one man and one woman. Shortly after Newsom began the process of handing out gay marriage licenses, the California Supreme Court ordered for San Francisco to stop, and invalidated all the gay marriages that had taken place. A few gay couples, understandably distraught, filed a lawsuit against the state of California, claiming that the fact they were being deprived of the right to marry was unconstitutional. That leads to where things are today, where the 7 members of the California Supreme Court are deciding on what could be one of the most important civil rights decisions in American history. California is known to lead the nation when it comes to these kind of things. In 2000, after California voted for an anti-gay marriage bill, other states began to vote to ban gay marriage too. In 2001, Gray Davis, the Governor at that time, established domestic partnerships for gay couples, and since then, domestic partnerships (or civil unions) have been established in other states across the country. If the members of the Supreme Court decide to legalize gay marriage, it could be the beginning of a string of successes for the gay rights movement. States which continue to ponder the issue of gay marriage (New York, for example) may be swayed by California’s decision. If the Supreme Court doesn’t legalize it, however, it could strengthen the fight against gay rights, and give ammo to gay rights opposers who will say that “even California, the most liberal state in America, won’t legalize it”.  It’s hard to tell which way it will infact go. Chief Justice Ronald George has indicated his support for legalizing gay marriage. Justice Carol Corrigan, on the other hand, has expressed her doubts about what she feels would be “tampering with the will of the voters”, seeing as California voted against marriage for gay people back in 2000. Whatever happens, it’s certainly going to be interesting, and very important. I understand that people are focused on Barack Obama and Hillary Clinton right now, but this is also an issue to watch. Following it’s development will make you a witness to something that really could make history- and change the dynamic of American politics forever.