Sen. Edward Kennedy on California gay marriage ruling

Sen. Edward Kennedy (right) (D-MA) has been diagnosed with a malignant brain tumor after having had a seizure at home three days ago. Long a progressive stalwart in the United States Senate, he had this to say about last week's California Supreme Court ruling overturning laws that excluded same-sex couples from marriage:

KENNEDY ON CALIFORNIA SUPREME COURT DECISION
May 15, 2008
FOR IMMEDIATE RELEASE

WASHINGTON, DC— Today, Senator Edward M. Kennedy released the following statement in response to the decision by the California Supreme Court overturning a previous ruling banning same-sex marriages.

"I congratulate the California Supreme Court on its recognition that true equality demands that all people have the right to marry and form families. Massachusetts has recognized the right of gay and lesbian couples to marry since 2004 and our experience has refuted the critics. We only strengthen our society when we allow all our citizens to enter into a solemn commitment to share in life’s joys and difficulties."

California Republican Party Chair Ron Nehring on gay marriage ruling

In which Chairman Nehring expresses pride that the California GOP is opposed to equality for all citizens:

JUDICIAL ACTIVISM: CALIFORNIA SUPREME COURT REDEFINES MARRIAGE.

On the domestic side, the California Supreme Court re-opened the issue of same-sex marriage with its 4-3 decision substituting its will for the will of the people on the matter (vote for Proposition 22: 61%). This is certainly an emotional issue for many people, and understandably so. Yet, Republicans can agree that it is not the role of the judiciary to fundamentally redefine the basic tenets of society. That is a function appropriate for the legislative process, and Governor Schwarzenegger has consistently vetoed bills aimed at reversing Proposition 22. (See today's Wall Street Journal editorial.)

It will be interesting to see how Barack Obama tip-toes around this issue. Make no mistake: the activists behind his campaign insist on rewriting the definition of marriage as a beginning, rather than an end point, on their agenda of social engineering.

When we witness judicial activism, it's worth noting that the legislative branch -- that closest to the people -- is outlined in the Constitution's Article I, while the branch most removed from the people, the judiciary, is described in its Article III. The judiciary is intended to interpret laws, not make them, as the California Supreme Court in his case has chosen to do.

Significantly, the state Republican Party has already endorsed the November constitutional amendment ballot initiative that would reverse this court decision by putting Proposition 22 into the state constitution, as other states have done.

California Democratic Party Chair Art Torres on gay marriage ruling

In which Chairman Torres expresses the view that gays and lesbians are people too:

Statement from Chairman Art Torres on California Supreme Court Decision on Gay Marriage

Release Date: May 15, 2008

Sacramento -- Senator Art Torres (Ret.), Chairman of the California Democratic Party, issued the following statement after the California Supreme Court overturned the state’s ban on gay marriage:

"The California Supreme Court’s ruling is a momentous decision for our state and nation that marks a giant step toward in our march toward true equality for all our citizens.

"We all owe Mayor Gavin Newsom a debt of gratitude for his visionary leadership on this crucial civil rights issue, as well as San Francisco City Attorney Dennis Herrera and the courageous plaintiffs in this case.

"But our march for justice and equality is far from over. We now must re-focus our efforts on fighting the divisive and discriminatory proposed constitutional amendment that would take away marriage equality for same-sex couples.

"Working together, we can ensure that once again, justice and equality will prevail."

DNC Chair Howard Dean on California gay marriage ruling

This is on the LGBT page, but it is not on the main Press page:

A Step Toward Equal Rights

Governor Dean today issued the following statement on the California Supreme Court decision to overturn the state's anti-marriage ban:

"The Supreme Court of California today took a step forward in the long march toward protecting equal rights under the law for every American. This should not be a matter of politics or partisanship; it is a matter of protecting the rights and dignity of all American families."

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!

Highlights:

"...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."

BREAKING: Barring gay marriage unconstitutional in California

The ruling by the Supreme Court of California in the same-sex marriage case is here.

Details to follow.

"...we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."

California gay marriage ruling is imminent

The Supreme Court of California issued an e-mail and web alert just minutes ago declaring that its ruling in the consolidated same-sex marriage case (case #S147999) is imminent.

According to the Court's Internal Operating Practices and Procedures manual,

Notices of forthcoming filings, posted the day before each opinion is filed, alert the public and press to upcoming decisions and identify the issues presented.

That means we'll know tomorrow.