Thursday, May 15, 2008

California gay marriage case highlights

The 172 pages of majority, concurring, and dissenting opinions in California's same-sex marriage case are here.

The 4-3 majority opinion was issued by Chief Justice Ronald George (appointed by Gov. Wilson (R)); Justices Joyce Kennard (Deukmejian (R)), Kathryn Werdegar (Wilson (R)), Carlos Moreno (Davis (D)) concurred. Justices Marvin Baxter (Deukmejian (R)) and Ming Chin (Wilson (R)) concurred in part and dissented in part (they dissented from the majority ruling overturning the California Court of Appeals decision upholding opposite-sex-only marriage statutes). Justice Carol Corrigan (Schwarzenegger (R)) concurred in part and dissented in part (she ruled that the voters should decide).

100% of the Democratic appointees (all one of him) ruled for us. 50% of the Republican appointees ruled for us, and 50% ruled against us. Thank you, Governor Gray Davis!


"...we determine that the language of section 300 limiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand.

Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court. Further, as the prevailing parties, plaintiffs are entitled to their costs.

The judgment of the Court of Appeal is reversed, and the matter is remanded to that court for further action consistent with this opinion."

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