Marriage Equality in California and How it Could Be Permanent
As a Californian for the first 18 years of my life I could not be more proud. Yesterday morning when the decision came out from the California Supreme Court, my mom and dad who still live there called me to say how happy they were about this landmark decision. It was pretty cute.
There are so many questions though surrounding the longevity of this decision considering there is a big possibility that anti-gay groups will have the signatures validated for a constitutional amendment defining marriage as between one man and one woman.
Here are a couple of tidbits I found out after researching the issue and how this court decision will play out.
Ruling goes into effect in 30 days, Governor Schwarzenegger who supports this court decision and opposes any constitutional ban, could take action and make the ruling effective sooner than that 30 day window.
Anti-gay groups could try to get a stay on this ruling until November, although I cannot see the court granting this motion seeing how bold their language in this ruling was.
If a constitutional amendment was to pass in November, it sounds as if the court could invalidate that as they have already ruled, that based on equal protection, same-sex couples have the fundamental right to marry.
In the decision it is mentioned that if there was an initiative passed by the electorate, that said marriage could only for for those couples of the opposite sex, that it would fly in the face of what the CA supreme court is now a constitutional right that is open to everyone. Therefore the constitutional ban, if passed could be invalidated and found unconstitutional.
A poll by Survey USA has found that 46% or Californian’s agree with the decision, 46% oppose it.
The above number is a huge jump down from the 62% of Californian’s who voted for Prop 22 in 2000 that made a statutory change in California law defining marriage between a man and a woman.