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May 15, 2008

Dennis Herrera Loves Him Some Gay Marriage, But What About You?

california gay marriage.jpg

Heads have been exploding throughout California ever since this morning's delightful news about same-sex marriage was announced. City Attorney Dennis Herrera, in particular, is beaming--at least according to a press released sent out an hour after the ruling was announced.

"I am profoundly grateful, not only for a decision that will end marriage discrimination for gay and lesbian partners in California, but for the Court's eloquence in stating its conclusion," said Herrera. "Our democratic system was founded on the notion that the courts should not be swayed by public opinion when it comes to protecting our most cherished rights. I'm proud that our state's highest court has taken its role seriously. Today's majority has affirmed our Constitution's promise of equality for millions of Californians and their families."

But are there Bay Area folk who--gasp!--oppose today's ruling? SFist is thrilled that the gays might be able to love legally. But even we have a smattering of die-hard liberal friends and associates who secretly loathe gay marriage (and you know who you are.) For the sake of fair-and-balanced coverage, readers, are there any folks out there who cannot stand the thought of attending a tasteful yet lavish wedding ceremony for Adam and Steve? Can you tell us why? Let us know in the comments section.

Your secret will be safe with us.

(For Herrera 's full press release, follow the jump.)

CITY ATTORNEY DENNIS HERRERA NEWS RELEASE FOR IMMEDIATE RELEASE: THURSDAY, MAY 15, 2008 CONTACT: MATT DORSEY: (415) 554-4662

Herrera Hails California Supreme Court Ruling Invalidating Discriminatory Marriage Laws

Decision by State's High Court 'Has Affirmed Our Constitution's Promise of Equality for Millions of Californians and Their Families'

SAN FRANCISCO (May 15, 2008) -- City Attorney Dennis Herrera today applauded a 4 to 3 majority opinion by the California Supreme Court that struck down as unconstitutional state marriage laws that discriminate against gay and lesbian couples. The ruling concludes a four-year legal effort by the City and County of San Francisco, the National Center for Lesbian Rights and other organizations representing lesbian and gay partners statewide to invalidate Family Code provisions that deny marriage rights to same-sex couples for violating the California Constitution's equal protection guarantees.

"I am profoundly grateful, not only for a decision that will end marriage discrimination for gay and lesbian partners in California, but for the Court's eloquence in stating its conclusion," said Herrera. "Our democratic system was founded on the notion that the courts should not be swayed by public opinion when it comes to protecting our most cherished rights. I'm proud that our state's highest court has taken its role seriously. Today's majority has affirmed our Constitution's promise of equality for millions of Californians and their families."

Herrera's direct constitutional challenge to state marriage laws in City and County of San Francisco vs. State of California was filed on March 11, 2004. The lawsuit made San Francisco the first government entity in American history to challenge the constitutionality of state marriage laws that discriminate against gay and lesbian couples. The City's case was later consolidated with a similar suit filed the following day by the National Center for Lesbian Rights on behalf of same-sex couples, Equality California and Our Family Coalition. That consolidated case was then coordinated with other constitutional challenges from Los Angeles and San Francisco under court rules governing complex litigation before San Francisco Superior Court Judge Richard A. Kramer.

On March 14, 2005, Judge Kramer ruled that laws restricting marriage rights to opposite-sex couples violate equal protection guarantees in the California Constitution. Judge Kramer's 27-page decision concluded that both sections of the state Family Code that exclude gay and lesbian couples from marriage "are unconstitutional under the California Constitution," adding that "The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal."

The attorney general and conservative anti-gay organizations involved in the litigation appealed Kramer's decision to the state Court of Appeal, which heard oral arguments in the case on July 10, 2006. On Oct. 5, 2006, a 2-to-1 majority of the appellate panel upheld the constitutionality of discriminatory marriage laws, finding that "Everyone has a fundamental right to 'marriage,' but, because of how this institution has been defined, this means only that everyone has a fundamental right to enter a public union with an opposite-sex partner."

The California Supreme Court granted review in the case on Dec. 20, 2006, and after extensive briefing heard oral arguments in the case on March 4, 2008.

From the outset, Herrera has said his case "asserts the long-held principle that discrimination is not merely detrimental to the minority it singles out, but to the majority that would abide it," arguing that "without full recognition of gay and lesbian families through marriage, San Francisco is limited in its ability to protect the equal rights of its citizens, and harmed in ways tangible and otherwise by an injustice that has no place in 21st Century California."

The City's case, which was coordinated with several others, is among those In re Marriage Cases, California Supreme Court, No. S147999.


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Comments (28)

My ass of a partner seems to hate gay marriage, he has said no to me repeatedly over the last 15 years.

 

Does anybody know the date at which this ruling is to go into effect?

 

I still don't understand why anyone of any status would want to get married. But good luck to those of you who do.

I think it's a great ruling; same-sex marriage, like abortion, is an ethical and moral issue, not one that should be restricted by law.

 

generati, I *think* that the ruling takes effect in 30 days - that means to me that we can't get licenses until mid-June. Perfect wedding season! But yeah, I'd like to know the specifics, too.

 

I'm absoulutely f**kingg over weddings of any kind. "You're invited to give up four days vacation, spend $1,600 on airfare, purchase an overpriced gift from this list of stuff we don't want to actually buy ourselves, buy a new suit that someone will spill booze all over, sit at a table with a bunch of people you'll instantly dislike, and smile, smile, smile through the whole ordeal". T'gays are better off without it.

 

Great picture of that orange juice lady with pie on her face though. Is she still alive? Can we get a godtastic quote from her?

 

Hello?

Anyone hear of a little book called *the bible*?!?!

There's got to be something in there about how jesus said 'man must not lay down with he who is himself another man' or something.

And I've got to figure there's something in there about 'woman may not lie with another woman ... regardless of how hot that may be-ith'

Did I get that right?

 

Lacking from all the news coverage I've seen is any mention of the fact that a constitutional marriage amendment is pending signature verification for the November ballot.

I'm kinda new to this state... any guesses on whether or not it's likely to pass if it shows up on the ballot?

 

Not quite, MisterPlow.

Jesus never mentioned Teh Gays. The "man lying with man" stuff is in Leviticus - Old Testament - which Jesus had a big problem with. His message was forgiveness and non-judgment, and he didn't care for all the old Orthodox rules.

And there's nothing about lesbianism anywhere in the Bible. Sweet.

And now back to business - I couldn't find a juicy Bryant quote but I did find this 1977 National Lampoon parody: http://brumm.com/gaylib/images/anitacure1.gif

 

Anita Bryant?! Good reference.

In re: the anti-gay marriage constitutional amendment ballot measure. Poor fundies have seriously chosen the totally wrong year to try to amend the California state constitution in this way. The measure passed in 2000 with 61% of the vote. Attitudes have changed dramatically in the last eight years, with more and more people in this state seeing less of a problem with it. In addition, this being a BIG presidential election year, we'll see far more lefties and young people at the polls than during an off season election and I don't see them going for it. The fundies have bigger successes with these kind of things when more folks stay away from elections, allowing them to swamp the polls. I see this ballot measure being nicely smacked down.

Civil rights should never be determined by majority vote. Where would we be if things like desegregation were put up to a majority vote? Idiots who claim that it should be up to "the people" to figure these things out are being disingenuous and should talk to the hand!

 

I am overjoyed that the gay community can now experience the joys of comminity property and visitation rights laws. Does the butch one get the shaft? (No pun intended).

 

Did someone just bring up the bible? How's the outside toilet working for you?

And another reason I hate weddings: I always have to answer probing questions about my own failed marriage in front of the unfortunate f**k buddy I've dragged along to act as my date. Have you people no tact? I'm trying to get laid here.

 

Dear Sir. To answer your question: Am I opposed to gay marriage? I can answer absolutely not.

After all, why should they be exempt from misery.

Sincerely


 

Don't get me started on the community property laws. There's a special place in hell for whoever drafted that piece of crap legislation.

 

The video of her getting pied is awesome.

It's never pretty The Gay Mafia is forced to rear its hand.

 

Deep breaths Fizz and Pop, think of Liverpool and the Champions league final, oh wait, never mind,

 

I'll just join in a prayer for the pie thrower.

 

Community Property in Marriage was passed down to California law through Mexico and before it, Spain. Community Property is something you only find in the South-West since it is Spanish in origin. So blame the Spaniards. Or better yet, just write a very thorough pre-nup next time.

 

MisterPlow: The bible is irrelevant in this situation. We live in a republic in which the people produced a more important document called a Constitution. It is designed to protect our freedoms from people like you!

 

Mister Plow wasn't being serious, was he?

 

I’m not sure. He doesn’t actually know what the Bible says, which is a sure sign of a fundie...

 

Calm down and read MisterPlow again. He was clearly joking.

 

Sheesh, thanks plumpy ...

One more bible quote (that I should have remembered before I posted earlier):

"And, lo, for he who does not use-eth the winking smiley emoticon to announce that he is joking around: he shall be damned to suffer the wrath of a thousand fire breathing orcs!"

 

That is my favorite passage Misterplow

 

Anita Bryant? I'd hit that. Ooops, too late.

 

Now that the gay peeps have the right to get married, allow me to give you all one word of very valuable advice from a divorced straight male. Don't.

 

Listen to RobinSF. He speaks the truth! Unless you just love writing checks to mediators so you can be told that you still have to make payments on your ex-wife's car even though she's lent it to her new boyfriend and that douchebag is right now cruising around in a car that you are paying for.

 

What happens to domestic partner law if this goes into effect? Do you have domestic partner laws and marriage laws?
Do domestic partners have to get married now? That would suck? One word for all you excited Brides and Grooms: Prenup

 
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