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California's Gay Marriage Trailblazers Look East for Signs of Progress
California's legislators were gay-rights trailblazers when a majority passed the first same-sex marriage bill in the United States in 2005.
Demonstrators show their support for overturning California's ban on gay marriage, participating in a march from Berkeley to the Capitol late last month. California now sees other states taking the lead in extending marriage rights to gays. (Lezlie Sterling) But Gov. Arnold Schwarzenegger vetoed the bill, and voters passed a ban on gay marriage with Proposition 8. Now gay activists in the Golden State find themselves looking East for fresh inspiration.
In a dizzying series of events, Iowa's Supreme Court and Vermont's legislature legalized gay marriage just this month.
Now New Hampshire and New York - with the Empire State governor's blessing last week - are considering their own state laws approving marriage for same-sex couples.
Marc Solomon, marriage director for Equality California, said his group is hopeful that the Iowa decision will have an impact on public opinion in California, where the state's highest court must issue its second ruling on gay marriage rights by early June.
"Iowa is not thought of as, quote, a usual suspect. It's not Massachusetts. It's not the liberal Northeast," said Solomon, who fought for same-sex marriage in Massachusetts.
Frank Schubert, the Sacramento-based campaign director for Proposition 8, said gay activists' national strategy seems to focus on organizing heavily in states that don't have ballot-measure procedures like California's that could allow voters to foil gay marriage laws or court decisions.
"The other side certainly picked up a few victories in recent weeks," he said.
The battle over gay marriage in California has been waged for nearly a decade in all possible legal areas - in the Legislature, at the ballot box in 2000 and 2009, and the state's Supreme Court, also twice.
Californians are now waiting for justices to rule on whether voters had the right to change the state constitution last November with Proposition 8, which defines marriage as only between a man and a woman.
California's high court made history last May when it issued a 4-3 decision that gays had a constitutional right to marry - but that ruling was handed down before voters changed the constitution.
Iowa's Supreme Court referred to the California court's decision when it declared on April 3 that gays had a basic right to marry.
The National Organization for Marriage - an anti-gay-marriage group - will support attempts to overturn the Iowa court decision with a ballot initiative, said Maggie Gallagher, the group's president.
"It's not over in Iowa," she said. "From where we sit, this really energizes us. We're finding that activists are flocking to us. We're going to fight it in New Hampshire and New York. We're going to fight it everywhere."
But Gallagher acknowledged that it would far more "arduous" to challenge the Iowa court ruling at the ballot box than it was in California.
Proposition 8's Schubert, who now does work for Gallagher's group, said it would take four years to get a measure banning gay marriage through Iowa's legislature.
To put a measure on the ballot, a majority of lawmakers must vote for it twice in two legislative sessions.
"It's not going to happen," Schubert said of attempts to overturn Iowa's court ruling.
On April 7, on the heels of the Iowa decision, Vermont's legislature made Vermont the fourth state to legalize gay marriage after lawmakers garnered enough votes to override a veto by the governor.
Vermont doesn't have an initiative process, Schubert noted.
Solomon said that Massachusetts has a ballot process, but that gay-marriage opponents were unable to meet the requirements to get a measure before voters that would have overturned a 2004 decision by that state's high court to allow same-sex couples to wed.
In Massachusetts, he said, a ballot measure first needs to pass through two legislative sessions with a quarter of lawmakers approving it.
The momentum is gone now, he said, because "most people in Massachusetts are fine with gay marriage, or don't care that much."
He recalled organizing meetings in Massachusetts between lawmakers and gay couples "who told their stories" and tried to generate a sense of "common humanity."
Gay-rights activists in California say they still can take credit as a leader in the movement despite the fact that their side is making more progress in some other states.
"We are slowly changing the country," said a jubilant Richard Aviles, 18, a self-described Chicano gay teen from Los Angeles.
Aviles and scores of other teens were in Sacramento on Monday for a Capitol rally and to press lawmakers to pass state bills declaring a Harvey Milk Day and to permit teens to seek mental health services without parental permission.
Opinion surveys show a majority of younger voters are supportive of same-sex marriage. It's a matter of time, gay activists say, before public opinion shifts enough that they can win a gay-marriage initiative at the ballot box.
Zac Toomay, 16, Uriel Mendoza, 17, and Graham Smith, 18, shared their personal stories with staff members of Republican legislators from their hometowns in San Luis Obispo and Ventura counties.
Harvey Milk is a figure they look up to, they said, and gay teenagers would benefit from a bill that would allow them to seek confidential counseling.
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5 Comments so far
Show All1) Why is it so difficult for us to agree to provide all benefits of companionship to gay couples as we do straight couples--insurance coverage, inheritance rights, filing taxes together, etc?
2) Why is it so important for so many gay couples to get married in a church, when Church dogma forbids homosexuality?
3) Why is the Church so bent on prohibiting homosexuality when the percentage of gay priests is obviously higher than the percentage of gay people in the general population...several times higher, suggesting that churchgoers are more likely to be gay than the rest of us?
4) Why does it matter what the Bible says?--I like to say that if Christians took their time to read the Bible, there would be no churches. Go ahead...try it! Google "bible nonsense" or something like that.
www.meetyourworld.com
Many atheists have pointed out that reading the Bible is the best argument for atheism one can obtain.
The Bible has been rewritten by men endlessly and reflects it. Burn most of it.
However, the 4 Gospels of Mathew, Mark, Luke & John all related Jesus's very few words and accord exists re what he said. Enough to maybe fill 10 pages. His simple message of Love, tolerance, and over and over again of non-Judgement was kind and gentle.
I pray, love and read those few words, but FORGET the rest of the tome with one exception. The apostle Paul who wrote, 1 Corinthians ch 13 verses 4-6 The Sololiquy on Love, which reflects some of the essence of Christ and real Love.
"Christian Fundamentalists," and anyone else who preaches hate in God's name are so wrong.
Gay is Good
And so is God.
joseph.
Yes, of all things, love is the greatest, but I don't need Jesus to tell me that, and I still have no use for gods.
I live in Northern California.
For electricity, I give PG&E money. A monopoly-utility screwing NorCal.
PG&E donated ONE QUARTER MILL to DEFEAT PROP 8.
HOW can that be legal? Half the money they steal in SF is from Gay people.
Gay is cool, Hate sucks, and that is wrong.
joseph.