David Byers
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California is due to become America's gay marriage capital - if only for a short time - after an historic court verdict that religious groups have vowed to overturn.
Yesterday's decision by the Californian Supreme Court opens the door for same-sex couples to hold marriage ceremonies in a month's time. Unlike Massachusetts, which is the only other state with legalised gay marriage, residents from all over the United States will be permitted to have their unions in California, leading to the possibility of people coming from throughout America to the state.
Arnold Schwarzenegger, the California Governor, who is known to oppose the move, said he would respect the court's verdict.
Christian and conservative groups vowed to appeal for a stay of the decision until after a proposed November vote on a constitutional amendment which would bar same sex marriage. However getting a motion before the court may take several weeks, leaving same-sex couples a small window in which to tie the knot.
In its 4-3 ruling, the Republican-dominated High Court struck down state laws against same-sex marriage and said domestic partnerships as they stand, which provide many of the rights and benefits of matrimony, are insufficient.
"In contrast to earlier times, our state now recognises that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation," Chief Justice Ronald George said.
The ruling would make California the second state, after Massachusetts in 2004, to allow same-sex couples to get married.
Since Massachusetts passed its verdict, more than 9,500 gay and lesbian couples have taken advantage of the law. But the California ruling is considered monumental by virtue of the state’s size - 38 million out of a US population of 302m - and its historical role as America's gay and lesbian capital, with San Francisco at the forefront. California has an estimated 108,734 same-sex households, according to 2006 census figures.
Crucially, unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays nationwide are likely to flock to the state to get married. However, since most states do not recognise same-sex marriages performed elsewhere, the ruling's reach could be limited.
Religious communities immediately vowed to oppose the verdict. The Alliance Defence Fund said it would ask the justices to postpone putting the verdict into effect until after the proposed November ballot. California’s secretary of state is expected to rule by the end of June whether the sponsors of the ballot measure gathered enough signatures to go ahead with the vote.
"We’re obviously very disappointed in the decision. The remedy is a constitutional amendment. The constitution defines marriage as a union between one man and one woman," said Glen Lavy, senior counsel for the organisation.
Attorney General Jerry Brown, whose office had argued to uphold the ban, said he would nevertheless work with Governor Schwarzenegger and state agencies to implement the ruling.
The case was set in motion in 2004 when the mayor of San Francisco threw City Hall open to gay couples to get married in a calculated challenge to California law. Four thousand wed before the Supreme Court put a halt to the practice after a month. Two dozen gay couples then sued, along with the city and gay rights organisations.
A spokesman for Republican John McCain, who opposes gay marriage, said the Arizona senator "doesn’t believe judges should be making these decisions." The campaigns of Democrats Barack Obama and Hillary Clinton said they believe that the issue of marriage should be left to the states.
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I would happily take an equal civil union option. I do not need the word "marriage".
Also, then...is it morally corrupt for a sterile woman or man to get married? For a hetero-couple to use birth control?
*sigh*
I don't want anything that has the success rate that present marriage does anyway.
Erin, San Jose,
Marriage is the word that describes the union of a man and a woman for the purpose of procreation. It has been that way for thousands of years, it works and is the best way to raise children. But "gays" who are not so gay (happy) want to be normal but cannot, sorry but do not steal another word.
B J Deller, Marbella, Spain
It's PC gone mad!
Janice, Vermont, USA
Heterosexual sex can spread disease just as easily as homosexual sex, or had you thought that the AIDS pandemic in Africa is a result of the widespread acceptance of homosexuality there? Perhaps straight marriage ought to be banned as well.
Kyla, San Francisco, California, USA
I dont care if a state makes it legal, thats their business. But what i dont like is the neo-communists making an end run around voters and forcing the issue through the Supreme Court. Its happened so much we as voters really have no say anymore. They just run to the courts to get their crap passed
William, Atlanta, USA
People with HIV AIDS have nearly bankrupted our National Health System. Because the government has not set up a programme to care for them, they should be in a private system, MRSA as a result of these deseased people in the system has sperad so much desease that the whole country is at risk.
Daphne Kenward, Cambridge, UK
As a gay woman in a committed, long term relationship, i am neither a member of a terrorist organisation or a criminal faction.
I'm a decent, well rounded, tax paying member of society, who deserves the same rights, be it in Health Care or Marriage , as anyone else.
Becky, Manchester, UK,
Homosexuals do not spread diseases. People with diseases spread them regardless of sexual orientation. Never mind that being sick does not invalidate marriage. It's a political issue when the government systematically discriminates against gay couples.
Ryan, Winnipeg, Canada
HIV/AIDS is no longer confined to the gay community and is becoming as prevalent in the straight community, and indeed the lowest rates of infection are among lesbians. Besides, surely marriage rights would encourage monogamy anyway?
Martin Fox, Leeds, United Kingdom
Are gay people 'an organisation'? I thought we were just people. What does the straight organisation get up to?
Also, where exactly are we meant to get the funds for our own healthcare system from? Organisation funding, I'm guessing (also known as a charity box in gay bars, perhaps?)
Isabelle Dupert, Sheffield, UK
Oooh Daphne, what a lovely person you must be. "These people should not be covered by healthcare", such a christian attitude. What about a little concern for our fellow humans. I am gay and pay my taxes. I demand equal rights and will not be bowed by such mean spirited individuals as yourself.
eddie, liverpool, uk
Daphne.... the biggest rish of HIV infections is actually under 24 year old hetrosexual females. Maybe they should have their own hospitals?
What a ridiculous statement!
Andrew, Nottingham, Nottinghamshire
Daphne Kenward, Cambridge, UK
You haven't got a clue what your talking about. HIV/AIDS is running rampant in all sexual populations. With the largest group being Heterosexuals by a large margin, just look at Africa. Homosexuals are in no way more 'prone' to AIDS.
Adam, Hertfordshire,
We have had gay marriage (and gay divorce) in Canada for a few years now.
Nothing has changed except that a few more people are happy. It's not a big deal - life has continued as usual.
The weddings are as discrete as gay people in general. Homophobia is rampant in small town Canada.
C. Petersen, Kamloops, Canada
Gays are no more "prone" to HIV than anyone else. The disctinction is surely not one of sexuality, but one of sexual practice, i.e. those who practice safe sex are less prone than those who don't. The same goes for all other STDs - teenage girls seem to be making the headlines here, not gays!
Ellie, Bristol, UK
If you are arguing from some religious point of view, I would say: learn some neighbourly love, tolerance and charity.
If you are not, what is your authority for ruling that same sex marriages are wrong?
Ellie, Bristol, UK
Firstly, lets get one thing right. Homosexuality is not a choice. But the right to enter into a marriage, a commitment in the eyes of the law and society between two people, regardless of their sexual orientation should be!
Becky, Manchester, UK,
The issue is not "gay marriage", but whether four of seven judges can dictate to the will of the people who overwhelmingly voted for a law banning same-sex marriage. (Polygamy could be too.)
By doing so, these four activist justices misappropriated the rights of the people and their legislators.
Robert Evans, Anaheim, California
I am glad that the California Supreme court is allowing the State
to inflict marriage on gay couples. Let them suffer like the rest of
us. Besides, it will mean more work for divorce lawyers.
John, Placentia, OC California
Congratulations timesonline.co.uk, you must be very proud to have readers such as Daphne Kenward! Keep encouraging them, it's healthy for society as well as your gross margins.
S Dennison, London, UK
It's the judges job to interpret the law and these 4 republican judges used their brain and saw that gays have a right to be equal. The religious right need to stay out of other peoples lives and stop trying to change the law, they are part of the reason there are closeted gay anti-gay republicans.
Cody, Florida,
About time California has this happen. I'm ready for my children to see the day where everyone has the equal right to marry, because guess what? We're all equal.
Aly, Tampa, FL, USA
Same sex marriage should be legal, period. There are already many churches in the USA that perform same-sex marriages, but the state doesn't recognize them. Don't confuse "marriage" with "sex" plenty of folks have sex without marriage, and getting married often results in less sex.
Jessie, Florida, USA
For starters HIV is no longer just a gay issue, it affects people of all religions and sexual preferences and always has.
These people have as much right to the security of marriage as the next person, you can't choose who you fall in love with, and the most successful marriages are
Aisling , Dublin,
In this country, all people are supposed to be equal in the eyes of the law. It's ludicrous to say that prohibiting same-sex couples from getting married isn't discrimination -- the only basis for denying them that right is their sexual orientation.
Erin Vlasak, Durham, NC, USA
Daphne Kenward, you ought to be ashamed of yourself!
Yes, you have a right to your opinion but, get your facts straight.
Your comments suggest that Homosexuality is an organisation such as Al Qaeda or the Mafia.
Becky, Manchester, UK,
It is a health & safety issue because homosexuals are more prone to HIV AIDS which there is no cure. The spread of desease as bi-sexuals is equally as serious. These people should not be covered by health care and should as an organisation set up their own hospitals for their health care.
Daphne Kenward, Cambridge, UK
It should not be a legal issue, and should not be entered before the courts, marrage is an institution between a man and a woman. People who by choice decide they want to engage in these acts which carries deseases of many verities should be something that legally is a health & safety issue.
Daphne Kenward, Cambridge, UK
I think the political parties should distance them selves from same sex marriages. These groups of people know what they are doing is wrong, but it is out of choice. It is not a political issue it is one of choice. The government can not prevent people of same sex to engage in sex.
Daphne Kenward, Cambridge, UK