SAN FRANCISCO - The California Supreme Court has overturned a gay marriage ban in a ruling that would make the nation’s largest state the second one to allow gay and lesbian weddings.
The justices’ 4-3 decision Thursday says domestic partnerships are not a good enough substitute for marriage. Justice Joyce Kennard (who is of Indonesian and Chinese ancestry) joined the majority, while Justice Ming Chin, one of the court’s most conservative members, dissented.
The case before the court involved a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman.
With the ruling, California could become the second state after Massachusetts where gay and lesbian residents can marry.
California already offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support. It’s therefore unclear what additional relief state lawmakers could offer short of marriage if the court renders the existing ban unconstitutional.
The cases before the California court were brought by the city of San Francisco, two dozen gay and lesbian couples (including a number of Asian Americans), Equality California and another gay rights group in March 2004 after the court halted San Francisco’s monthlong same-sex wedding march that took place at Mayor Gavin Newsom’s direction.
The ruling will impact thousands of Asian American families in the state. According to UCLA’s Williams Institute, Asian Americans form a highly visible portion of California’s population of same-sex couples and their children. California is the state with the largest number of Asian American lesbian and gay couples - although the numbers are difficult to verify, a low estimate shows at least 13,000 couples total. Over 5,600 children under 18 are raised by same-sex couples with at least one Asian American partner.
Reactions to the California Supreme Court Decision on Gay Marriage
“It’s a great day. My partner and I have been together for almost 14 years. And while we already consider ourselves married, this ruling will provide us with a little more legal security and some financial benefits that other couples - straight couples - have had the advantage of receiving. I am sure the radical Right will try to deny us our equality, but for now, it feels pretty good.” - Curtis Chin, Board Member, Asian Pacific Americans for Progress
“The court’s historic decision affirms our belief that lesbian and gay families in California, like mine, are truly equal under the law and that the our promises of love and commitment have the same legal protections and respect as those of other loving couples. It also means that I can finally marry my life partner, Jenny Pizer, of 24 years - this is longer than any of her sisters and brother have been with their spouses.
But, there are challenges ahead - though we have a landmark victory today, it could be overturned in November because opponents of marriage equality will very likely qualify an initiative on the ballot to institutionalize discrimination into our state constitution. So today we celebrate and tomorrow we direct our efforts towards defeating the initiative.” - Doreena Wong, Co-chair, API Equality - Los Angeles
“The ruling today was great. I was driving and listening to the live report on KCBS, and I had to turn my engine off to make sure I heard correctly.
Going forward, of course, there’s the ballot initiative to amend the constitution to ban same-sex marriages, and I don’t see that as being an easy fight.
Governor Schwarzenegger is already on record opposing the initiative to change the constitution, and the California Supreme Court includes Republican appointees.” - Deborah Jue, Co-Coordinator, Asian Pacific Islander Queer Women and Transgender Coalition
“During San Francisco’s Winter of Love, I was proud to serve as a San Francisco Supervisor when San Francisco extended marriage rights to our City’s same-sex families. There was such incredible joy for these couples, to ensure that they were able to enjoy all the rights and responsibilities we expect in a modern society.
Justice was delayed, but today the California Supreme Court decided it would not be denied. More than 100,000 California families will be able to enjoy all the rights and responsibilities of marriage, if they choose. We must work as hard as we can to protect their rights against future attacks.” - California Assembly Majority Whip Fiona Ma
“As former Executive Director of the Asian Law Caucus and a long-term civil rights advocate, I am thrilled that the California Supreme Court decided today to overrule the same-sex marriage ban.
The Recorder’s Office, responsible for recording marriage licenses and issuing certified copies of the licenses, is honored to perform this duty for all same-sex couples who marry in San Francisco. We are prepared to be fully staffed to accommodate a potential influx of new same-sex marriages in the near future. We welcome back everyone who got married in the historic ceremonies four years ago and look forward to handing out certified copies of those marriage licenses to couples who request them.” - San Francisco Assessor-Recorder Phil Ting
“For the first time in California history, same-sex couples have been recognized for what they are-loving, caring relationships every bit as valid as heterosexual marriages. I am ecstatic that the highest court in our state has taken this wonderfully historic step, and we in the Asian American community should support civil rights for all Americans.” - Evan Low, Councilmember, City of Campbell
“As Asian Americans, this decision has special significance because 100 years ago, the state’s discriminatory marriage laws targeted our community.
We are thrilled and honored to see the equality and fairness extended to our communities in the past now being bestowed upon our friends and family members who are gay and lesbian — but we must fight to safeguard this hard-won victory. In November, California will likely face a ballot measure that seeks to write discrimination into the state Constitution — we urge all Californians who support fairness and equality to oppose that ballot measure on election day.” - Karin Wang, Esq., Vice-President, Programs, Asian Pacific American Legal Center
“Sixty years ago, the California Supreme Court overturned the ban on interracial marriage that allowed my parents, who were an interracial couple, to be married. Today, the California Supreme Court has once again stood up for equality and proven that the law must treat all Californians fairly. and After waiting over 20 years, I will finally be allowed to marry my partner, John Lewis.” - Stuart Gaffney, one of the plaintiffs in the Marriage Cases challenging the state’s marriage statute, who is Asian American
“GAPA is proud to have worked with a broad coalition of stakeholders who have helped California make civil rights history. GAPA is thrilled about this ruling which affects so
many queer APIs, API families and API children who will greatly benefit from this ruling. GAPA applauds the bold leadership of Mayor Gavin Newsom on his courage and quick actions to bring about equality for all.” - Robert Bernardo, Board Member and Past Chairman, Gay Asian Pacific Alliance
“The California Supreme Court decision means I and my partner of more than 14 years can be legally recognized as a couple and enjoy the rights and responsibilities that accompany marriage. This is a victory for the Asian/Pacific Islander community.
Because we have experienced prejudice and oppression firsthand and watched lives and livelihoods destroyed by bigotry and hatred, we should feel gratified than an injustice has been rectified. Our API community must join others in fighting efforts from the religious right to reverse the progress we’ve made.” - Peter Hayashida, Member, Board of Directors, L.A. Gay & Lesbian Center
“When Jill and I stood in front of City Hall fours years ago, on a wet and rainy February 16, we were buoyed along by the collective hopes and dreams of the hundreds of couples around us.
What the Court did for us today, especially for couples like us who have had children since 2004, is to legitimize our family in the eyes of the law. It also bestows dignity upon our daughter and paves a smoother path for how she will be viewed by her peers as she gets older. All of our hopes and dreams for family have been answered today!” - Pauline Guillermo-Togawa, board member of the National API Task Force, and Jill Guillermo-Togawa, founder/Artistic Director of Purple Moon Dance Project, Berkeley, Calif.
“To me this is the civil rights issue of this generation. Like their counterparts who struck down a ban on interracial marriage in 1948, I’m glad that our Supreme Court had the courage to stand up for the rights of all citizens in California.
However elated I am, I am sobered by the fact that it could all be taken away when a constitutional amendment to nullify today’s ruling is expected to be placed on the November 2008 ballot. But at the heart of this matter is the human experience. It’s about family; it’s about the dignity of two people who want to be together. And I have the highest hope that we will prevail.” - Jordan de Peralta, Advisory Board, Gay Asian Pacific Alliance, San Francisco
“This is an historical event for families around the world. It is a triumph in protecting families consisting of same sex couples and their children.
With this decision California provides full and equal protection in preventing these families from being torn asunder during times of crisis and by those whose opinions are in disagreement. We still have one more step as voters in November by rejecting the placement of a new constitutional amendment, submitted by extremist in hopes to overturn this decision.” - Raphael Buencamino, Co-Chair, Gay Asian Pacific Alliance, San Francisco