Gay marriage: Will CA protect nstutn?- CalMatters

Contents:

• THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR
• WILL CALIFORNIA PROTECT GAY MARRIAGE S NSTUTN?
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT
• THE GAY-MARRIAGE AMENDMENT: A DANGER TO THE CONSTUTN
• GAY MARRIAGE, OTHER RIGHTS AT RISK AFTER U.S. SUPREME COURT ABORTN MOVE
• GAY MARRIAGE IS NOW A CONSTUTNAL RIGHT THE UNED STAT OF AMERI
• FREQUENTLY ASKED QUTNS ABOUT THE FERAL MARRIAGE AMENDMENT AND GAY MARRIAGE
• GAY MARRIAGE
• BH BACKS BAN CONSTUTN ON GAY MARRIAGE

THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE

] If the legalizatn of gay marriage were acplished by statute, Congrs uld nceivably rely on s power to regulate merce. In a 2003 se that validated crimal penalti on homosexual sodomy, Jtice Anton Slia's bter dissent argued that the Court was settg the stage for exactly this rult.

Gay upl’ fundamental right to marry is protected by the due procs and equal protectn cls of the 14th Amendment, Jtice Anthony M. The same dynamic has occurred the natn’s experienc wh the rights of gays and lbians, Kennedy said, referrg to his own opns strikg down a crimal ban on homosexual sodomy, overturng a state effort to bar lol protectns for gays, and validatg a feral law barrg feral benefs for married gay upl. Above the Law not that two of Kennedy’s prr gay-rights cisns were issued on June 26, the same date of today’s cisn fdg a nstutnal right for gays to marry.

Roberts said the arguments on behalf of gay marriage have “unniable appeal” but the Constutn do not pel stat to perm such marriag. Texas: “The Texas statute mak homosexuals unequal the ey of the law by makg particular nduct—and only that nduct—subject to crimal sanctn...

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

Supreme Court legalized gay marriage natnally two years 2020, Nevada beme the first state to ensure the right to same-sex marriage s state nstutn.

WILL CALIFORNIA PROTECT GAY MARRIAGE S NSTUTN?

In January, the Public Policy Instute of California found that a whoppg 75% of likely voters support a policy allowg gay and lbians upl to marry.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

The se ma s way to the US Supreme Court, which dismissed an appeal 2013 over same-sex marriage on jurisdictnal grounds, lg private parti did not have standg to fend California’s voter-approved ballot measure barrg gay and lbian upl om state-sanctned wedlock. Californians will vote on a proposal to amend the state Constutn on the 2024 ballot to reaffirm gay marriage rights — a ut move that amid natnal anxiety after recent lgs by the nservative-leang U.

THE GAY-MARRIAGE AMENDMENT: A DANGER TO THE CONSTUTN

Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right. Gav Newsom was out of state, Senate lear Toni Atks (D-San Diego) signed bills to law on his behalf as the first out gay actg ernor.

Current vol advot of a nstutnal amendment banng gay marriage ought to nsir the old Che adage, “Be reful what you wish for, bee you may get . The amendment failed spectacular fashn to achieve the temperance movement’s sired rult, as is also likely to happen wh a gay marriage amendment. We saw stat before Obergefell, some stat were movg to allow gay marriage, other stat were movg to allow civil partnerships.

"In Obergefell, the urt said, 'No, we know better than you guys do, and now every state mt, mt sanctn and perm gay marriage. Hodg, on the legaly of same-sex marriage the Uned Stat, is as breathtakg as is Fourteenth Amendment requir a State to license a marriage between two people of the same sex and to regnize a marriage between two people of the same sex when their marriage was lawfully licensed and performed is, the lg that gay-marriage advot and opponents have been wag for sce April when the Court took up the se—but really, for years long before that.

GAY MARRIAGE, OTHER RIGHTS AT RISK AFTER U.S. SUPREME COURT ABORTN MOVE

Remend ReadgThe Court’s opn—thored by Jtice Anthony Kennedy, a Catholic who has long been seen as the possible swg vote on gay marriage, joed by Jtic Stephen Breyer, Ruth Bar Gsburg, Elena Kagan, and Sonia Sotomayor, and wh four separate dissents thored and joed by batns of Samuel Alo, John Roberts, Anton Slia, and Clarence Thomas—lists four major reasons for s cisn.

”But then, the cisn tak an tertg turn: The Court seems to flip the oft-ed reasong of same-sex marriage opponents, who claim that gay marriage is harmful to children and fai, and disptive to the longstandg orr of Amerin society. Not all straight married upl have children, and they’re certaly not required to do so by law, he reasons; the same le should apply to gay married upl. But more importantly, for those gay upl that do want to have kids—cludg the many upl who adopt or have children g the geic material of one parent—that their unns are ls than marriage unr the law creat a “more difficult and uncerta fay life.

GAY MARRIAGE IS NOW A CONSTUTNAL RIGHT THE UNED STAT OF AMERI

” Like his lleagu the majory, he lv to the history of marriage, even givg a nod to one of the favore arguments of gay-marriage opponents: that legalizg gay marriage is sentially a slippery slope. In each of their dissents, Thomas and Alo addrs the qutn of relig liberty, argug that this cisn will make much more difficult for those who oppose gay marriage on the basis of fah to exercise their beliefs. Opponents of same-sex marriage have long argued that the stutn of marriage is sacred, and that gay unns would change s very nature.

FREQUENTLY ASKED QUTNS ABOUT THE FERAL MARRIAGE AMENDMENT AND GAY MARRIAGE

In so dog, the urt went past even the arguments advanced by Solicor General Donald Verrilli and some gay-rights advot who urged the more most approach of merely strikg down bans on gay marriage unr the Equal Protectn Clse of the Constutn. Instead, he boldly asserted same-sex upl have the same right to marriage as everybody else -- leavg for another day the qutn of whether gays are also a spect class entled to heightened protectn.

Fally, he wrote, marriage provis a “nstellatn of benefs” that the stat should not be allowed to ny their cizens simply bee they are gay.

Opponents of gay marriage base on “cent and honorable relig or philosophil premis, and neher they nor their beliefs are disparaged here, " Kennedy wrote. The practil impact of the cisn is that all stat mt allow gay marriag and honor same-sex marriag approved by other stat.

GAY MARRIAGE

The send sentence go further; would overri any existg lol and state level protectns and benefs for gay and lbian upl, or any other unmarried uple, cludg hospal visatn rights, herance rights, pensn benefs, and health surance among others.

While civil unns are a meangful step toward endg discrimatn agast gay and lbian upl, they fall short of te equaly by settg up a separate tegory of rights and protectns for gay and lbian upl. Gay and lbian Amerins serve the ary, keep our muni safe as firefighters and police officers, staff our hospals, build our ci and pay tax. Gay and lbian upl long-term mted relatnships should not be nied legal rights pensns, health surance, hospal visatns, and herance that other long-term mted upl enjoy.

BH BACKS BAN CONSTUTN ON GAY MARRIAGE

What about relig groups who believe homosexualy is wrong – won’t this prsure them to regnize homosexual upl or accept marriage of gay and lbian upl?