SAN FRANCISCO — California’s Supreme Court declared gay couples in the nation’s biggest state can marry — a monumental but perhaps short-lived victory for the gay rights movement Thursday that was greeted with tears, hugs, kisses and at least one instant proposal of matrimony.
Same-sex couples could tie the knot in as little as a month. But the window could close soon as religious and social conservatives press to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.
“Essentially, this boils down to love. We love each other. We now have equal rights under the law,” declared a jubilant Robin Tyler, a plaintiff in the case along with her partner. She added: “We’re going to get married. No Tupperware, please.”
A crowd of people raised their fists in triumph inside City Hall, and people wrapped themselves in the rainbow-colored gay-pride flag outside the courthouse. In the Castro district, the historic center of the gay community in San Francisco, Tim Oviatt wept as he watched the news on TV.
“I’ve been waiting for this all my life. This is a life-affirming moment,” he said.
By the afternoon, gay and lesbian couples had already started lining up at San Francisco City Hall to make appointments to get marriage licenses.
In its 4-3 ruling, the Republican-dominated 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.
Massachusetts is the only other state to legalize gay marriage, something it did in 2004. The California ruling is considered monumental by virtue of the state’s size — 38 million out of a U.S. population of 302 million — and its historic role in the vanguard of the many social and cultural changes that have swept the country since World War II.
California has an estimated 92,000 same-sex couples.
The ultimate reach of the ruling could be limited, however, since most states do not recognize gay marriages performed elsewhere, nor does the federal government.
The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage.
Opponents of gay marriage could also ask the high court to reconsider. If the court rejects such a request, same-sex couples could start getting married in 30 days, the time it typically takes for the justices’ opinions to become final.
California’s secretary of state is expected to rule by the end of June whether the sponsors gathered enough signatures to put the gay-marriage amendment on the ballot.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
