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Same-sex marriage (SSM), civil
unions, & domestic partnerships

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California

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Quotations:

bullet "If marriage means everything, it means absolutely nothing." Dr. James C. Dobson, of Focus on the Family.

bullet "The extension of the Common Benefits Clause to acknowledge plaintiffs as Vermonters who seek nothing more, nor less, than legal protection and security for their avowed commitment to an intimate and lasting human relationship is simply, when all is said and done, a recognition of our common humanity." Chief Justice Jeffrey L. Amestoy, of the Vermont Supreme Court in a decision that led to the legalization of civil unions in Vermont.

bullet "A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?" Posting to an Internet mailing list; used by permission of the author.

bullet "... They went running down the hall of their preschool singing 'Mommy and Mama are getting married.' And they looked at me with such happy eyes." Comment by Beth Hillman, a professor at the University of California Hastings College of the Law in San Francisco, CA after she told her two daughters at school about the California Supreme Court decision to legalize same-sex marriage.

bullet "As California goes, so goes the nation." Ancient adage of unknown origin.

bullet Four comments on Proposition 8 which ended the right of same-sex couples to marry on 2008-NOV-06:
bullet "This vote on whether we stop the gay-marriage juggernaut in California is Armageddon,� Chuck Colson, Watergate felon and founder of Prison Fellowship Ministries.
bullet "I call upon Californians who supported Proposition 8 to make an honest and dedicated effort to learn more about the lives and experiences of lesbian and gay humanity whose constitutional rights are unfairly targeted by this measure'." Episcopal Bishop J. Jon Bruno of the Diocese of Los Angeles.
bullet "It�s more important than the presidential election. We will not survive [as a nation] if we lose the institution of marriage." Tony Perkins, president of Family Research Council.
bullet "It's bittersweet right now because we just watched the first African-American president elected. We were watching it with our African-America son, there were tears coming out of our eyes, and we went to look at what's happening at [Proposition] 8. We're speechless right now." Jose Ronni Pahl, one of the first same-sex spouses to be married in Santa Clara County, CA

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Overview:

After one proposition, many lawsuits, a pile of bills passed by the Legislature, and two vetoes by the governor, the California Supreme Court legalized same-sex marriage on 2008-MAY-14. California became the second state to do so, after Massachusetts. Same-sex couples began marrying on 2008-JUN-16.

Proposition 8 was voted upon at the 2008-NOV-04 elections. Its intent was to re-define marriage in California as a special privilege of opposite-sex couples only. It narrowly passed 53% to 48%. The Supreme Court of California heard oral arguments on the constitutionality of Prop. 8 on 2009-MAR-05.

As expected, on 2009-MAY-26, it upheld the constitutionality of Prop 8, thus continuing the current ban on SSM. However, it also ruled that the Proposition is not retroactive. Thus, same-sex couples who were legally married during 2008 would continue to be considered married.

This decision leaves the marriages of any minority group at danger. Any hate group who dislikes a particular racial, religious, or other minority can now raise a proposition in California to eliminate the right of that minority to marry. If the Proposition is passed by at least 50% of the voters plus one, the minority would no longer be allowed to marry. Atheists' marriages are at particular risk, because of the public's high level of dislike and intolerance of Atheists.

A lawsuit has been launched in federal court to overturn Prop. 8. It is likely to eventually proceed to the U.S. Supreme Court. If they rule in favor of SSM, it could legalize SSM across the entire U.S., unless the court found a way to make a narrow ruling that applies to California only.

The Prop 8 issue is being actively debated at Living Vote.org. See: http://www.livingvote.org/

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The following topics are covered in this section:

bullet

History of recognition of same-sex relationships by the government and courts

bullet Proposition 22 during the year 2000 that temporarily banned same-sex marriages.
bullet Activity 1999 to 2002 in the legislature and courts
bullet Activity 2003 to now in the legislature, courts, and by groups attempting to revise the constitution

bullet

Path 1: The legislative route towards marriage equality:

bullet 1999 - 2001: Bills AB-26 & AB-25 (Few benefits granted) and AB-1338 (Civil unions; unsuccessful).
bullet 2003: Bill AB-205 the "Domestic Partner Rights and Responsibilities Act."
bullet 2004: Marriages in San Francisco: 29 days of marriage equality.
bullet 2004: Bill AB 1967 the "Gender-Neutral Marriage Act." (withdrawn)
bullet 2005: Bill AB 19, the "Religious Freedom and Civil Marriage Protection Act" (unsuccessful)
bullet 2005: Bill AB 849, the "Religious Freedom and Civil Marriage Protection Act." (Passed the Senate and Assembly. Vetoed by the governor.)
bullet 2007: Bill AB 43, the "Religious Freedom and Civil Marriage Protection Act" (Passed the Senate and Assembly. Vetoed by the governor.)

bullet

Path 2: Pursuing same-sex marriage through the courts:

bullet Lawsuits launched to permit same-sex couples to marry (2004-2005).
bullet Court cases consolidated
bullet Same-sex marriage authorized: (2008-MAY-14)
bullet Reactions to the first same-sex marriages

bullet

Path 3: Banning same-sex marriage via the state Constitution

bullet Amendments to ban same-sex marriage by VoteYesMarriage.com and Protect Marriage.com
bullet Prop. 8 approved for 2008-NOV vote
bullet Attempts to stall & rewrite Prop. 8
bullet What did the polls predict?
bullet Events culminating in the vote on Prop 8
bullet If Prop 8 is accepted by the courts, what will be its effect?
bullet The immediate aftermath of Prop 8
bullet Legal action following the passage of Prop. 8
bullet The future of Prop. 8
bullet Amici briefs in favor of marriage equality & in opposition to Prop. 8
bullet Amici briefs in opposition to marriage equality & in support of Prop. 8
 
bullet 2009 activity on Prop. 8:
bullet During JAN & FEB
bullet During early MAR
bullet During late MAR to MAY: Polling data. Path forward. Court ruling.
bullet Rick Warren's stance on Prop. 8 and SSM
bullet Starting 2009-JUN: Challenging Prop. 8

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Copyright © 2001 to 2009 by Ontario Consultants on Religious Tolerance
Latest update: 2009-JUL-09
Author: B.A. Robinson

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