California's Supreme Court allows gay marriages

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California's Supreme Court declared gay couples in the biggest U.S. state can marry. Photo: EFE

California's Supreme Court on Thursday declared gay couples in the biggest U.S. state can marry, a major but perhaps short-lived victory for the gay rights movement 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 after, religious and social conservative are pressing to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.

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 (m) 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.

A crowd of people raised their fists in triumph inside San Francisco City Hall, and people wrapped themselves in the rainbow-coloured gay-pride flag outside the courthouse. "I just told her I love her and will she marry me and she said yes she will marry me; so I am very happy and I'll marry her and it's really, it's just the most emotional big day ever", said Jeanne Rizzo, one of the plaintiffs in the case, which challenged the constitutionality of the ban on same gender marriages. "We're going to be newlyweds after 21 years together; it's a beautiful day, it's historic and it's also a love story and we've been on this journey together for 21 years together for better or for worst and today is for better, couldn't be happier", said Stuart Gaffney, who was with his partner outside the courthouse.

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 West Hollywood in southern California, supporters were planning to serve "wedding cake" at an evening celebration. However, not everyone was happy. "We're surprised because we do not believe that it is a judicial function to redefine the basic institution of society", said Glen Lavy, from the conservative Alliance Defence Fund. It 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 U.S. states that have approved constitutional amendments banning same-sex marriage.

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. California has an estimated 92,000 same-sex couples. Gavin Newsom, the Mayor of San Francisco welcomed the court's decision. "It's about human dignity. It's about civil rights. It's about time in California", he said.

Unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays from around the country are likely to flock to the state to be wed, said a gay-rights attorney who worked on the case. The ultimate reach of the ruling could be limited, however, since most states do not recognise gay marriages performed elsewhere. Nor does the federal government. 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. The justices said they would direct state officials "to take all actions necessary to effectuate our ruling", including requiring county marriage clerks to carry out their duties "in a manner consistent with" the court's decision.

The campaigns of Barack Obama and Hillary Rodham Clinton said they believe that the issue of marriage should be left to the states. Ten states now offer some form of legal recognition to same-sex couples -in most cases, domestic partnerships or civil unions.

In the past few years, the courts in New York, New Jersey and Washington state have refused to allow gay marriage. California already offers same-sex couples who register as domestic partners many of the legal rights and responsibilities afforded to married couples, including the right to divorce and to sue for child support.

Citing a 1948 California Supreme Court decision that overturned a ban on interracial marriages, the justices struck down the state's 1977 one-man,one-woman marriage law, as well as a similar, voter approved law that passed with 61 percent in 2000.