California court backs gay marriages

Same-sex rites in state may start within a month

Published: Friday, May 16, 2008 12:03 a.m. MDT
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LDS Church expresses disappointment in California gay marriage decision

Gay couples in California may soon be headed to the altar after that state's Supreme Court knocked down a state law banning same-sex marriage Thursday.

The same-sex weddings could begin within a month, although the window could close soon after — religious and social conservatives are pressing to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.

In its 4-3 ruling, the Republican-dominated California high court struck down state laws against same-sex marriage and said domestic partnerships that provide many of the rights and benefits of matrimony are not enough.

"In contrast to earlier times, our state now recognizes 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 wrote for the majority in ringing language that delighted gay rights activists.

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Both the LDS Church and the Catholic Archdiocese in San Francisco released statements about the California decision, reiterating their views of marriage and commenting on the court's action. Both churches worked to help outlaw gay marriage in California several years ago.

"The Church of Jesus Christ of Latter-day Saints recognizes that same-sex marriage can be an emotional and divisive issue. However, the church teaches that marriage between a man and a woman is ordained of God and that the family is the basic unit of society. Today's California Supreme Court decision is unfortunate," the statement from the LDS Church read.

The church declined comment on what future action it may take to help challenge the court's decision, but it was active in urging California residents to ban gay marriage through a public referendum in March 2000.

While California is often a bellwether state on national debates — they were the first state to strike down bans on interracial marriage, in 1948, a precedent the justices cited in their ruling — those who follow the national gay marriage debate say the ruling in the nation's largest state probably won't impact Utah, at least not immediately.

"The short answer is those marriages would not be recognized in Utah," said Utah Attorney General Mark Shurtleff.

Utah voters, in 2004, approved a constitutional amendment that bans same-sex marriage and other domestic unions.

It was the possibility of a legal challenge in state court that made traditional marriage advocates cite a need for a state constitutional amendment. That amendment was in addition to state law that also bans same-sex unions.

Recent comments

In the United States the government has the right to decide what...

K. Reid Barlow | July 16, 2008 at 10:41 a.m.

How can the State or allow the voters to deny a fundamental right...

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Gay rights supporters wear a California state flag and a gay pride flag outside of the California State Supreme Court building after the court struck down a state law that banned same-sex marriages.  (Paul Sakuma, Associated Press)
Paul Sakuma, Associated Press
Gay rights supporters wear a California state flag and a gay pride flag outside of the California State Supreme Court building after the court struck down a state law that banned same-sex marriages.