A Monumental Decision For Same Sex Marriage

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True love is like the white lotus: beautiful, delicate, and rare to find. Those who have found their true love opt to bring it to the next level--marriage. What if your true love is the same gender as you? Are you supposed to deny that which is true?

In 2004, Massachusetts became the first state to legalize gay marriage. Since then, more than 9,500 same sex couples have been married and the world has not come to an end. As of May 15, 2008, California's Supreme Court overturned the state's ban on gay marriage with the stroke of a pen. The 4-3 ruling declared that the states constitution protects the fundamental right to marry regardless of sexual orientation. The ruling cited a 60 year old precedent that struck down a ban on interracial marriage in California.

"Our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and to responsibly care for and raise children does not depend upon the individual's sexual orientation," Chief Justice Ronald M. George wrote for the majority. "An individual's sexual orientation--like a person's race or gender--does not constitute a legitimate basis upon which to deny or withhold legal rights." Furthermore, he went on to say adopting a different name, such as, domestic partnership or civil union may cast doubt on whether the official family relationship of same sex couples enjoys dignity equal to that of opposite sex couples." His ruling was joined by Justices Kathryn Mickle Werdegar, Carlos R. Moreno, and Joyce L. Kennard. All the justices except Moreno were appointed by Republican governors.

In 2000, Proposition 22 defined the states constitution by adding the words, "Only marriage between a man and a woman is valid or recognized in California." At the time, Proposition 22 passed with 61% of the vote. Since then, the legislature passed one of the strongest domestic partnership laws in the country. It allowed same sex couples most of the rights heterosexual married couples enjoy. The Supreme Court's ruling on May 15, 2008 abolished both statutes.

The high courts ruling is seen as a major victory for advocates of same sex marriage. The ruling was greeted with thunderous applause and cheering when it was released. Over a 100 people lined up outside the courthouse to buy copies of the decision for $10 apiece. Many people bought more than one copy--claiming it to be a historic document. This highly emotional issue, interjected into an election year, paves the way for tens of thousands of gay people to celebrate their love by marrying in California. Those fortunate enough to be apart of this monumental triumph and stand before the eyes of the law declaring a love--tested and true--will have their opportunity as early as mid June. Even if they dont live in the state, gay couples would be permitted to marry. However, federal law dictates that other states do not have to recognize those marriages as legally binding. In addition, same sex couples would remain ineligible for certain federal benefits: Social Security for spouses and joint filing for income taxes.

Over the past few years, courts in Maryland, New York, and Washington State refused to allow gay marriage. The decision to overturn the ban on same sex marriages in California was a bold surprise coming from a Republican dominated court. A group of activists submitted a petition hoping to qualify for the November ballot. The petition which claimed to have 1.1 million signatures stated that for a marriage to be recognized in the state of California, it should be between a man and a woman. The group is confident that once the county election officials checkout the signatures, they will find that they have far more than the required 763,790 valid signatures.

According to a 2006 census, California has approximately 108,734 same-sex households. That may seem like a lot but with a state that holds the highest population in the entire U.S with a whopping 36 million, it is a mere drop in the bucket. The difference between same sex relationships and heterosexual couples is inequality. A same sex marriage does not take away from a marriage that occurs between a man and a woman it offers validation that they are both equal. The Supreme Court of Californias decision aids in bridging that gap, for it paints a picture of a world where people who find their white lotus can allow it to grow regardless of race, religion, or gender. Although it is far too soon to say how the debate over the ban on same sex marriage will end, one thing is for certain--the issue isnt going away.

Choose your battles carefully until next time..

Ian is currently pursuing a degree in psychology at a university in the Miami area. In his free time he also operates a romance based website at www.tethered-passion.com.