MARRIAGE MANIA? Last week the California Supreme Court declared a state law that bans same-sex marriages unconstitutional. After six years of legal wrangling, the 4 to 3 vote opens the way for a November ballot over an amendment to the state constitution.

Although gays and lesbians in domestic relationships in California have the same legal rights and benefits as married people, they want their relationships recognized legally as marriages. California’s county clerks will be overwhelmed by requests for marriage licenses over the next six months.

Opposition Rallying Against Gay Marriage

The coalition of groups opposing same-sex marriage has collected 1.1 million signatures—more than enough to put an initiative on the November ballot. Their initiative would add the following 14 words to the California state constitution:

“Only marriage between a man and a woman is valid and recognized in California.”

Because the California Supreme Court has ruled against a same-sex marriage law, only an amendment to the state’s constitution can legalize such marriages. This amendment would be in force until the U.S. Constitution is amended to allow or deny same-sex marriages.

Polls show that the majority of voters are still against same-sex marriage. Both sides expect to spend between $10 million and $20 million dollars on the campaign. Dan Schnur, a Republican political analyst said, "There's no question that this issue is going to dominate the fall ballot. While public opinion in California supports domestic partnerships, the majority of voters still oppose same-sex marriage. But that gap is closing." (Washington Post, 5/18/08)

Parallels Between Interracial and Same-Sex Marriage?

California banned interracial marriage until 1948, when the state supreme court overturned the ban in its Perez v. Sharp decision. When the state Supreme Court heard arguments recently about the same-sex case, Chief Justice Ronald George quoted from the Perez v. Sharp case. “The essence of the right to marry is freedom to join in marriage with the person of one’s choice,” said George. (New York Times, 5/17/08).

Using the Perez case, lawyers arguing for same-sex marriage have made it a civil rights issue. Same-sex marriage opponents frame their arguments around social values, not equality.

Monte Stewart, the president of the Marriage Law Foundation, which opposes same-sex marriage, said the interracial analogy only works at the surface level. “Marriage in its deep logic has nothing to do with race and everything to do with the union of a man and a woman,” said Stewart. “To apply Perez in the genderless marriage context is actually to betray it.” (New York Times, 5/17/08)

Religious Groups Divided on Same-Sex Ruling

The nation’s conservative religious groups have been vocal in their denunciation of California’s ruling. The Catholic Church will urge its parishioners to vote for a constitutional amendment banning same-sex marriage. Pope Benedict XVI said, "The union of love, based on matrimony between a man and a woman, which makes up the family, represents a good for all society that cannot be substituted by, confused with, or compared to other types of unions." (The Mercury News, 5/18/08)

However, there isn’t unity on the religious front. Many religious organizations perform same-sex marriages; many have gay and lesbian clergy. Conservative Judaism allows same-sex unions and ordains gay rabbis. Some religions splintered over the issue—in 2003, the Episcopal Church split in two following the ordination of a gay man.

Copyright © 2009 Informify

Sources

California Ruling on Same-Sex Marriage Fuels a Battle, Rather Than Ending It (The New York Times, 5/18/08)

Same-Sex Marriage Ruling Makes Waves (Washington Post, 5/18/08)

Same-Sex Marriage and Racial Justice Find Common Ground (The New York Times, 5/17/08)

Gay-marriage ruling splits faith leaders (The Mercury News, 5/18/08)

Question for Readers:

Do you think same-sex marriage is primarily a social values issue or a civil rights issue?