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Governor Schwarzenegger Opposes Any Move to Overturn California Supreme Court Decision on Sam Sex Marriage—Ruling Celebrated by Many

frankrusso-small.jpg By Frank D. Russo

Many have already commented on the California Supreme Court ruling this morning recognizing that marriage is a fundamental right that cannot be denied to same sex couples. Important is one from Governor Arnold Schwarzenegger. The Governor, whose attorneys sought to uphold California statutes and voter approved initiative which did not recognize same sex marriage, has reiterated his opposition to any ballot initiatives or others measures in this area, including ones to try to overturn the Court’s decision.

In a statement released, the Governor said: “I respect the Court's decision and as Governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”

California Assembly Speaker Karen Bass, in her second full day in her new position, had this to say:

“We are delighted with today’s State Supreme Court ruling allowing marriage equality in California. It is a true testament to advancing equality and to recognizing the right of all Californians to build a future with the person they love. We recently lost Mildred Loving, the woman whose marriage to a man of another race ushered in the Supreme Court ruling that made marriage colorblind. Today’s ruling is another important reminder that love will overcome.”

Darrell Steinberg, who will head the California Senate as President pro Tem at the end of this year’s session, was also strong in his support of the Court’s ruling, saying:

“I could not be more proud to be a Californian than I am today.

“We will look back at the struggle which led to this historic decision and ask, why the fight?

“After all, California should do everything to encourage loving, stable and committed relationships.

“The Court is on the right side of history.

Assemblyman Mark Leno, who has championed this issue as a top priority for years, made the following statement:

"Today's ruling is a supreme affirmation of the sanctity of the love that two people share with one another without regard to their gender, and a victory for all Californians who believe that people should have the opportunity to pursue their dreams on equal footing.

“I applaud the Supreme Court today for erasing hundreds of years of unconstitutional discrimination against loving and committed same sex couples. I also congratulate the brave couples who brought the case to court, as well as Mayor Newsom, City Attorney Herrera and the amazing legal team that successfully argued this historic case.

“I will continue to review the legal implications of today's ruling and, if it is determined to be necessary, draft any implementing legislation that may be needed or appropriate.

“With the conviction of its highest court and its legislature, California continues to lead the way in favor of the conservative principle that society is best served when loving couples who want to settle down with one another are all able to do so through the civil institution of marriage."

Art Torres, Chair of the California Democratic Party and a former state Senator, issued the following statement:

"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, along with 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.”

Assemblymember Noreen Evans, the Chair of the Assembly Democratic Caucus, said:

“Today we move closer to living out the spirit of our nation’s creed that all people are created equal. My heart goes out to the men and women who can now live out their lives in dignity with their loved ones with equal rights under the law.”

Kathy Kneer, President of Planned Parenthood Affiliates of California, weighed in:

“Today’s historic decision by the California Supreme Court is a victory for all Californians who cherish fairness and opportunity. Planned Parenthood believes that two people in a committed, trusting and loving relationship deserve the honor and support that come with marriage. California will now be a state where every person has the opportunity to realize their hopes and dreams by being able to marry the person they love. The Court did its job today – to ensure that all Californians are treated fairly and equally under the law.

“Planned Parenthood knows that our nation was founded on the fundamental right that all people are equal under the law, and committed same-sex couples should be afforded all the same rights and responsibilities as different-sex couples. The Supreme Court’s decision is in keeping with Planned Parenthood’s mission to preserve and protect the essential privacy and rights of each individual and to improve understanding by individuals and society of human sexuality.

“Despite the decision today to protect equality in our state, California will likely face a ballot initiative in November that will define marriage as between a man and a woman in our Constitution. Planned Parenthood Affiliates of California has taken an oppose position on this initiative and will work diligently to defeat it with our coalition partners.”

California Assembly Speaker pro Tempore Sally Lieber, who participated in the case as amicus curiae with other legislators in a brief filed with the Court, said:

“I am elated by the court’s decision. It is a victory for all Californians who cherish fairness and opportunity. The court did its job today – ensuring that all Californians are treated fairly and equally under the law.”

“I joined in a brief that argued to the Court that the State Legislature did not intend to preserve the “traditional” definition of marriage by creating a “separate but equal” institution of domestic partnership. The Court’s review of the legislative history shows that domestic partnership was intended to be an intermediary step to full marriage equality. With today’s decision we have achieved that goal.”

Lieber has twice been a joint author of the Religious Freedom & Civil Marriage Protection Act [A.B. 43 (2007) and A.B. 19/849 (2005)]. The bills extended the institution of secular marriage to all couples, while at the same time protecting the rights of religious organizations to choose to marry or not marry any couple for any reason. Both were vetoed by Governor Schwarzenegger.

State Controller John Chiang issued a statement:

“Every single citizen of this State deserves equal treatment under the law, and as an elected official I have the honor of serving all Californians regardless of their sexual orientation.

“I have enjoyed my working relationship with the gay and lesbian community – helping domestic partners understand new tax filing requirements, and moving to provide property tax protections to surviving partners when one passes away.

“I welcome the Court’s decision, because it is time for our laws to recognize that all households, same-sex or otherwise, contribute to the success and the greatness of California.”

State Senator Leland Yee said:

"Today our state's Supreme Court reaffirmed the highest ideals of our republic. I am proud to be a Californian today as we stand on the right side of history. This is a victory for all people committed to equal justice and equal opportunity. For far too long, our nation has unfairly denied fundamental rights to individuals simply because of their sexual orientation. Today, we finally begin to heal those wounds and end state-sanctioned discrimination. At last, we fully recognize and honor all loving relationships and all families with the rights, privileges, and joys of marriage. We also celebrate the perseverance and courage shown by so many in this latest march towards equality, justice and happiness."

There will be more folks weighing in on this decision which legal analysts are still analyzing.

Posted on May 15, 2008

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