Gay Marriage in California

As laws are passed all over the United States both for and against gay marriage, California is stuck in what feels like an ironic catch-22. Just last month, the New Jersey Supreme Court ruled that, within 180 days, homosexual couples must be given the same rights as heterosexual couples, either through marriage or a similar institution such as civil unions. The November 7th elections brought so-called ;gay marriage amendments ; to various states, where six states amended their constitutions to ban gay marriage where it was already illegal, Wisconsin voted to amend their constitution to ban gay marriage after years of having no rules on the books, and Arizona voted not to amend their constitution to ban gay marriage, though it is already illegal in Arizona all the same.

And in the meantime, California is stuck in a push-and-pull over gay rights. California already offers domestic partnerships, which provide some of the same rights as marriage to gay couples. However, marriage has not been allowed for gay couples, except for the gay marriages performed in San Francisco under the direction of Mayor Gavin Newsom from February 12th through March 11th of 2004. That August, the California Supreme Court voided those marriages.

The case has been heard in California courts. Richard Kramer, a judge for the San Francisco Superior Court, ruled in 2005 that not allowing homosexual couples to marry was unconstitutional. In 2006, the California Court of Appeals overturned that ruling. Also in 2005, the Legislature passed legislation allowing gay marriage in California. Arnold Schwarzenegger, the Republican Governor, vetoed the bill, saying that he felt the issue needed to be decided by the courts or the people.

Why is this ironic? Simply because the courts decided it was a matter for the Legislature. The courts leave it up to the Legislature, who attempt to legalize gay marriage. This is then struck down by the Governor, who says it is a matter for the courts.