- Calif. Supreme Court: March 4, 2008
Fact
When court ordered the city of San Francisco to stop issuing marriage licenses to gay couples, the city of San Franciscon and two dozen of gay couples filed lawsuits in 2004, arguing that such ban on gay marriage violates the state constitution to protect equality. Even though California approves domestic partnership for gay couple, the state also banned gay marriage when they adopted Proposition 22 in 2000 from voting. In 2005, the lower court ruled in favor of the plaintiffs, but it was overturned on appeal. California Supreme Court had hearing on this case today.
Issue Does having a separate law for unions of gay couples violate rights to equality?
Rule California Constitution, Proposition 22
Analysis Plaintiffs argued that domestic partnership does not protect equal rights as marriage, and it is unjust as much as the "separate but equal" doctrine was. They argued that such a union only makes them "a form of second-class citizen." On the other hand, defendants argued that marriage should not be allowed to gay couples in order to keep traditions and not to damage heterosexual marriage.
Conclusion The ruling will be issued in 90 days.
Sources
- California Supreme Court gives little hint of how it will rule on gay marriage By Howard Mintz. Mercury News - 03/04/2008 06:02:32 PM PST
- California court weighs gay marriage By Cheryl Wetzstein. The Washington Times. - March 5, 2008
- Definition of Marriage Is at Heart of California Case By ADAM LIPTAK. The New York Times. - March 5, 2008
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