California Supreme Court Overturns Gay Marriage Ban

The California Supreme Court has overturned a law banning same-sex marriages. It is a seismic decision that is likely to add the issue to the presidential campaigns and trigger additional state constitutional amendments — and perhaps a federal constitutional amendment. The opinion is below.

The law in question was a1977 statute defining marriage as between a man and a woman. In 2000, Californians reaffirmed the law, though this was a symbolic resolution.

The California courts stopped San Francisco mayor Gavin Newsom from continuing to issue marriage licenses to same-sex couples in 2004. However, that was due to the lack of his authority. The court reserved the question addressed today: the constitutionality of the underlying law.

There is already a move to amend the California constitution, which is likely to be accelerated by this decision. However, as a decision based on state law, the U.S. Supreme Court should defer to the highest state court on the question.

The decision was written by Chief Justice George with concurrences from Justices Kennard, Werdegar, and Moreno.

The Court concludes:

In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation. In view of the lengthy history of the use of the term “marriage” to describe the family relationship here at issue, and the importance that both the supporters of the 1977 amendment to the marriage statutes and the electors who voted in favor of Proposition 22 unquestionably attached to the designation of marriage, there can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state’s general legislative policy and preference.

Accordingly, 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.

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 In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation. In view of the lengthy history of the use of the term “marriage” to describe the family
relationship here at issue, and the importance that both the supporters of the 1977 amendment to the marriage statutes and the electors who voted in favor of Proposition 22 unquestionably attached to the designation of marriage, there can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state’s general legislative policy and preference.
Accordingly, 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.
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. Further, as the prevailing parties, plaintiffs are entitled to their costs.

Personally, I have long preferred to get rid of the term “marriage” in favor of a single civil union standard, click here.

For a copy of the opinion, click here

68 thoughts on “California Supreme Court Overturns Gay Marriage Ban

  1. hnrast:

    “You people are nothing more than a bunch of ass kissers, … wallowing on your own crap.”

    “well let me tell you that you are a bunch of degenerates…”

    “And you hypocrite, the lover of homosexuals…”

    ***********************

    Well we can tell by your words that the good ol’ Christian compassion and love are filling your soul. As the old hymn goes, “Ye shall know they are Christians by their love.”

  2. “You think that you are progressive, well let me tell you that you are a bunch of degenerates rejecting the savior of the world, you are going to regret it when the time comes, and the time will come soon enough for you all.”

    St. Augustine was a Neo-Platonist.

    Where does that fit within your eschatological musings?

  3. On one occasion an expert in the law stood up to test Jesus. “Teacher,” he asked, “what must I do to inherit eternal life?”
    “What is written in the Law?” he replied. “How do you read it?”
    He answered: ” ‘Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind’; and, ‘Love your neighbor as yourself.'”
    “You have answered correctly,” Jesus replied. “Do this and you will live.”

    But he wanted to justify himself, so he asked Jesus, “And who is my neighbor?”
    In reply Jesus said: “A man was going down from Jerusalem to Jericho, when he fell into the hands of robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. A priest happened to be going down the same road, and when he saw the man, he passed by on the other side. So too, a Levite, when he came to the place and saw him, passed by on the other side.

    But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, took him to an inn and took care of him. The next day he took out two silver coins and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.’

    “Which of these three do you think was a neighbor to the man who fell into the hands of robbers?” The expert in the law replied, “The one who had mercy on him.”
    Jesus told him, “Go and do likewise.”

  4. Early one morning David was enjoying a cup of freshly brewed coffee, when suddenly he sees flames shooting out of the roof of the house located directly across the street. David assumed that Jeffrey, who is a well-known self-proclaimed recalcitrant homosexual, is probably sleeping inside.

    Keep in mind that David is someone who does not agree with the homosexual agenda. He feels that homosexuals are invading and perverting the culture and hindering God’s plan of salvation. David being a Christian man considers homosexuality an abomination and he loathes the sight of them. But, David without hesitation immediately grabbed his cell phone and while he was dialing 911, he run out toward the fire yelling at the top of his lungs, “Fire! Fire!” and began pounding on Jeffrey’s door.

    There was no response, and after a few precious seconds David smashed the door down, and once inside, he crawled on the floor to avoid the tick smoke while yelling with all his might, but all he could hear was the deafening roaring of fire. After what appeared to be an eternity, he stumbled on a couch where Jeffrey was laying unconscious. As David reached the threshold with Jeffrey in tow, the roof collapsed with a thundering crash, at the same time several firemen came to their aid.

    When David neighbors learned of Jeffrey dramatic rescue knowing full well David’s aversion towards homosexuality, they couldn’t understand why David risked his life to save one of the very same ones he loathed. David answered, as follower of Jesus Christ I have done what God requires of me. “He has showed you, O man, what is good. And what does the LORD require of you? To act justly and to love mercy and to walk humbly with your God.

    Jesus said, “You have heard that it was said, ‘Love your neighbor and hate your enemy.’ But I tell you: Love your enemies and pray for those who persecute you, that you may be sons of your Father in heaven. He causes his sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous. If you love those who love you, what reward will you get? Are not even the tax collectors doing that? And if you greet only your brothers, what are you doing more than others? Do not even pagans do that? Be perfect, therefore, as your heavenly Father is perfect.

    “Suppose one of you had a servant plowing or looking after the sheep. Would he say to the servant when he comes in from the field, ‘Come along now and sit down to eat’? Would he not rather say, ‘Prepare my supper, get yourself ready and wait on me while I eat and drink; after that you may eat and drink’? Would he thank the servant because he did what he was told to do? So you also, when you have done everything you were told to do, should say, ‘We are unworthy servants; we have only done our duty.’ ”

    The church of Jesus Christ is under satanic attack like has never been since its inception by demonic teachers secretly introducing destructive heresies, even denying the sovereign Lord who bought them with his blood. They have been very successful in perverting the love of God by introducing subtle lies mixed with truth, and by omitting from their false teachings key words like sin, repentance, judgment and hell which are the essentials for the salvation of souls. They shut the kingdom of heaven in men’s faces, they themselves do not enter, nor will they let those enter who are trying to.

    These deceivers are teaching that God is loving, forgiving, all-inclusive, affirming and in particular lover of practicing homosexuals, after all God made them that way they say. It is true in part that God loves everyone, but he is also a just God who cannot tolerate sin, all sins, including my sins.

    Jesus said, “As for the person who hears my words but does not keep them, I do not judge him. For I did not come to judge the world, but to save it. There is a judge for the one who rejects me and does not accept my words; that very word which I spoke will condemn him at the last day. For I did not speak of my own accord, but the Father who sent me commanded me what to say and how to say it.

  5. Hnrast,

    You said:

    “When David neighbors learned of Jeffrey dramatic rescue knowing full well David’s aversion towards homosexuality, they couldn’t understand why David risked his life to save ONE OF THE VERY SAME ONES HE LOATHED.”

    And then you quote Jesus’ command to love your enemy the very next paragraph.

    This is quite contradictory. “David” has no right to loathe any man whether he practice homosexuality or cheat on his taxes. There are only two kinds of people in this world–sinners and forgiven sinners. You seem to have forgotten Colossians 3:4-7:

    “When Christ who is your life appears, then you also will appear with him in glory. Put to death therefore what is earthly in you: sexual immorality, impurity, passion, evil desire, and covetousness, which is idolatry. On account of these the wrath of God is coming. IN THESE TOO YOU ONCE WALKED, when you were living in them.”

    Scripture says you once walked in this same stuff you are throwing rocks at. You seem to be claiming moral high-ground when every single thing you have as a Christian is God-given. The guy that has sex with his girlfriend needs forgiveness just as much as a man with another man. Stop making homosexuals public enemy number one like all the right-wing quasi-religious weirdos do. We are all in need of reconciliation to God through Christ.

  6. The guy that has sex with his girlfriend and the guy that practice homosexuality and the guy that cheat on his taxes, once saved the Bible says, “he is a new creation; the old has gone, the new has come” Therefore they cannot longer continue in their sinful ways. The spirit of God will lead them into all truth, meaning they will know for a fact what constitutes sin and they will develop a deep hatred for it. In the Psalms we read “He guides me in paths of righteousness for his name’s sake” and Jesus said, “But when he, the Spirit of truth, comes, he will guide you into all truth”

    An enemy, as the meaning of the word suggests is something or someone destructive and injurious, and all sinners including unrepentant homosexuals fall in this category. It is perfectly normal for a child of God to have a deep hatred for the sins they represent. The Bible says “To fear the LORD is to hate evil; I hate pride and arrogance, evil behavior and perverse speech.” “Love must be sincere. Hate what is evil; cling to what is good”

    When God lived among the people he commanded Moses “But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.

    But after the resurrection of Christ God sent the Holy Spirit to dwell in the mind and the spirit of the believer, we read “Don’t you know that you yourselves are God’s temple and that God’s Spirit lives in you”?

    Jesus is commanding me, to be merciful as he is merciful, and no loger “hate” my enemy, meaning I am not to do “harm” to my enemy, but instead Jesus is commanding me to “love” my enemy, meaning I am to do “good” to my enemy, regarless of my deep hatred. Christians must be perfect as the heavenly Father is perfect.

    Jesus replied, “If anyone loves me, he will obey my teaching. My Father will love him, and we will come to him and make our home with him. He who does not love me will not obey my teaching. These words you hear are not my own; they belong to the Father who sent me.

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