Same-sex marriage in California
Encyclopedia : S : SA : SAM : Same-sex marriage in California
| Same-sex marriage |
|---|
| Performed nationwide in |
| Netherlands (2001) |
| Belgium (2003) |
| Spain (2005) |
| Canada (2005) |
| Performed statewide in |
| Massachusetts, USA (2004) |
| To be performed in |
| South Africa (by December, 2006) |
| Debate in other countries and regions |
| Aruba |
| Australia |
| Austria |
| China |
| Estonia |
| France |
| Ireland |
| Latvia |
| Lithuania |
| New Zealand |
| Portugal |
| Romania |
| United Kingdom |
| United States: CA NY WA |
| See also |
| Civil union |
| Registered partnership |
| Domestic partnership |
| Federal Marriage Amendment |
| Same-sex marriage timeline |
Determining the status of same sex marriage in California has been an intense political battle for at least the last decade. As California is known for its large gay communities and generally liberal political climate, the issue continues to remain a prominent topic of debate.
Latest development
On March 14, 2005 San Francisco Superior Court Judge Richard Kramer ruled in Woo v. Lockyer that gay and lesbian couples in California have a constitutional right to marry. He declared unconstitutional the state law that defines marriage as a union between a man and a woman. Appeals to this ruling were heard by the First District Court of Appeal on July 10, 2006. The Court must issue its ruling on or before October 10, 2006, which will likely influence California's race for Governor in November. The 3 justices seemed undeterred to overturn Judge Kramer's decision. http://www.mercurynews.com/mld/mercurynews/news/breaking_news/14718749.htm]
San Francisco marriages, February 12 to August 12, 2004
From February 12 to March 11, under the direction of Mayor Gavin Newsom of San Francisco, officials of the City and County of San Francisco issued marriage licenses to approximately 4,000 same-sex couples, in apparent defiance of state law. During the month that licenses were issued, couples travelled from all over the United States and from other countries to be married. On August 12, citing the mayor's lack of authority to bypass state law, the Supreme Court of California ruled that the marriages were void.
Legality
City officials claimed that although the marriages were prohibited by state law, the state law was invalidated by the Equal protection clause. The mayor echoed this view, permitting the marriages because he believed the state law was unconstitutional. However, legislators and groups opposing same-sex marriages quickly reacted, filing a suit and requesting a court order to prevent the city from performing the ceremonies. Additionally, the California state agency that records marriages stated that altered forms, including any marriage licenses issued to same-sex couples, would not be registered. The legal validity of the marriages was tested in the courts, and the marriages were ultimately voided by the state Supreme Court.
During the brief time same-sex marriages were being performed, David J. Knight, the son of State Senator William "Pete" Knight, who authored California Proposition 22 (2000) (preventing California from recognizing gay marriages from other states), married Joseph J. Lazzaro, his partner of 10 years, on March 9. [link]
Officials in Berkeley and Oakland, in nearby Alameda County, expressed interest in joining San Francisco, but were unable to do so because marriage licenses are handled at a county, rather than at a city, level. San Francisco was able to issue its own licenses because San Francisco is both a city and a county.
Timeline
February 12: Recently-elected Mayor Gavin Newsom and other city officials begin issuing marriage licenses in San Francisco, California. Lesbian activists Phyllis Lyon and Del Martin were the first same sex couple to be married. The event was intended to undercut a legal challenge planned by a conservative group, Campaign for California Families.
March 9: The San Jose City Council, by a vote of 8-1, agrees to recognize same-sex marriages performed in other jurisdictions for city employees.
March 11: The Supreme Court of California, headquartered in San Francisco, issues a stay ordering the County of San Francisco to stop performing same-sex marriages pending court review on the legality of the matter. Mayor Newsom agrees to abide by the order.
The ruling also did not alter a scheduled March 29 San Francisco Superior Court hearing before Judge Ronald Quidachay in which the Campaign for California Families (CCF) and the Alliance Defense Fund are claiming that San Francisco's granting of same-sex marriage licenses was illegal. Quidachay later delayed the hearing pending state supreme court action.
May 25: The state Supreme Court holds hearings on the legality of the marriages. San Francisco had wanted its case heard first by lower courts, before juries, rather than by the state Supreme Court. However, the court suggested that San Francisco could file its own suit against the state, and the city launched such a suit that afternoon.
August 12: The state Supreme Court releases its decision, exactly six months after the first same-sex marriages were performed in San Francisco. The court rules unanimously that the City and County of San Francisco exceeded its authority and violated state law by issuing the marriage licenses. In a 5-2 decision, the court also declares all same-sex marriages performed in San Francisco to be void.
Statistics
Marriage licenses were issued to 4,037 same-sex couples before the state Supreme Court issued its stay. During the same period, 103 opposite-sex marriage licenses were issued from the city hall.
Of those same-sex marriage licenses issued, 82 couples either decided not to go through with a marriage or failed to register their marriage with the county before the state supreme court stay was issued, meaning 3,995 completed same-sex marriages were registered in the county.
By reviewing first names of applicants, San Francisco officials estimated that 57 percent of the same-sex married couples were women. Demographic information gleaned from the registered licenses also shows the newlywed same-sex couples were older and better educated than the average American household. More than 74 percent were over age 35 while 69 percent had at least one college degree.
According to figures released March 18 by San Francisco County Assessor Mabel Teng, although 91.4 percent of the licenses were granted to couples living in California, other couples came from every state in the United States except for Maine, Mississippi, West Virginia and Wyoming.
Of the other states, the top five states represented included 32 couples each from Washington and Oregon, 24 from Nevada, 20 from New York and 16 from Florida. International same-sex couples, 17 in all, came from Canada, Denmark, France, Germany, the Netherlands, Switzerland, Thailand and the United Kingdom.
Bill in the state legislature
When the new session opened in the California legislature, a bill to legalize same-sex marriage was expected to top the legislative agenda. The bill was drafted by Assemblyman Mark Leno in December 2004 and enjoyed the support of Speaker Fabian Núñez.
On September 2, 2005, the California Senate approved the bill 21-15 and on September 6, the California State Assembly followed suit with a vote of 41-35, making California's legislature the first in the nation to approve a same-sex marriage bill without court pressure. The next day, September 7, Governor Arnold Schwarzenegger indicated he would veto the bill citing Proposition 22, which had passed with the approval of 61% of voters five years before. Prop 22 prevents the state from recognizing same-sex marriages performed in other states. The Legislature avoided physically delivering the bill to the Governor for over two weeks, during which time advocacy groups urged Schwarzenegger to change his mind. Ultimately, the bill was delivered on September 23 and vetoed on September 29, 2005 [link]. Schwarzenegger stated he believed that same-sex marriage should be settled by the courts or another vote by the people via a statewide referendum. He claimed the legislature's bill simply "complicated" the issue, since the constitutional legitimacy of the 2000 Proposition had not yet been determined. [link]
See also
- gay rights
- same-sex marriage
- domestic partnership
- registered partnership
- civil union
- Domestic partnerships in California
- California domestic partner law
External link
| Same-sex marriage in the United States |
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