California Supreme Court rules on gay marriage

In a 4-3 decision, the court ruled that having different laws for same-sex and opposite-sex couples was unconstitutional because it did not provide for equal rights and protection, even though the state’s domestic partnership law has afforded same-sex couples many of the same legal rights as those granted to opposite-sex couples through the state’s marriage law. The decision becomes effective in 30 days.

Chief Justice Ronald George ’61 wrote in the majority decision that, on the issue of marriage, “the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.”

While many Republicans nationally expressed outrage at the ruling, Republican California Gov. Arnold Schwarzenegger said in a statement, “I respect the court’s decision and as governor, I will uphold its ruling.”

Students on gay marriage

Response from student groups to the ruling is passionately and predictably split.

Elissa Frankle ’08, a former ally chair of the Pride Alliance, said that she is “thrilled beyond words” about the ruling in an e-mail to The Daily Princetonian.

“This is a historic moment not only for the LGBT movement, but also for our country altogether as we move towards a greater spirit of equality,” she said.

Conservative groups, however, objected to the ruling.

Anscombe Society vice president Shivani Radhakrishnan ’11 said she is concerned about the ruling’s impact on the healthy upbringing of children. “Society needs children, and the environment in which they can best be reared [is] within the context of a committed, marital union,” she said.

College Republicans president Andrew Malcolm ’09 said in an e-mail to the ‘Prince’ that he finds the ruling “outrageous,” adding that he “strongly believe[s] that marriage is a union between one man and one woman.”

Frankle, on the other hand, said that she hopes the ruling will convince more people that “same-sex married couples are just as healthy, strong, and beautiful as heterosexual couples [are], and should be respected as such.”

Students on the political implications

Leaders of both liberal and conservative groups predicted that the California ruling would play an important role both state- and nationwide this election season.

The 4-3 vote “demonstrated the divisiveness of the marriage question,” Radhakrishnan said.

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Frankle said that she “forsee[s] a greater politicizing of the issue” and anticipates backlash “particularly from religious groups who will protest the decision as a challenge to the ‘sanctity of marriage.’ ”

Conservative groups are currently working to bring the issue to California voters by including a referendum on the November ballot that would, if successfully passed, amend the state constitution to define marriage as a heterosexual union. The amendment would overturn the court’s decision.

“All [Republicans] can agree that these decisions are best left up to the people and their representatives in the legislature,” Malcolm said, adding that he objects to what he sees as “yet another example of a group of unelected judges overturning the will of the people and legislating from the bench.”

California resident Sam Taxy ’11 noted that Schwarzenegger’s decision to support the court’s ruling and oppose a constitutional amendment was a “big step forward” because he was going against “the typical standard conservative party lines.”

Students also believe that the California ruling will have national political implications by highlighting the issue in a presidential election year.

Sen. John McCain (R-Ariz.), the presumptive Republican presidential nominee, has already incorporated his preference for strict-constructionist judges into campaign stump speeches, while Sen. Barack Obama (D-Ill.) and Sen. Hillary Clinton (D-N.Y.), the Democratic hopefuls, both favor civil unions as an alternative to same-sex marriage.

College Democrats president Rob Weiss ’09 said he hopes that after the ruling, Democrats will be able to “embrace the idea [of same-sex marriage] and not fear being called far-left or radical.”

Those in favor of the ruling said that it is just one step toward mainstream American acceptance of same-sex marriage.

Taxy said he believes that “people look to California for leadership” on important issues and that the state tends to be “on the cutting edge of social issues.”