California Supreme Court,  Gay Marriage

California Supreme Court Overturns Gay Marriage Ban – The Response

Gay Marriage

California Supreme Court Justices, from top left, Kathryn Mickle Werdegar, Carlos R. Moreno, Joyce L. Kennard, Marvin Baxter and from lower left, Ming Chin, Chief Justice Ronald M. George and Carol Corrigan

With today’s California Supreme Court ruling overturning a ban on gay marriage, the reaction and response has been swift and pointed.

From the Left:

Assembly Speaker Karen Bass, D-Los Angeles
We are delighted with today’s State Supreme Court ruling allowing marriage equality in California. It is a true testament to advancing equality and to recognizing the right of all Californians to build a future with the person they love. We recently lost Mildred Loving, the woman whose marriage to a man of another race ushered in the Supreme Court ruling that made marriage colorblind. Today’s ruling is another important reminder that love will overcome.

Senate President Pro Tem Don Perata, D-Oakland:
I’m glad the Supreme Court validated what I consider a fundamental premise of our nation – that all people deserve equal protection under the law. This is a happy and historic day because all Californians, regardless of sexual orientation, now have the right to marry.

Art Torres, chairman of the California Democratic Party:
The California Supreme Court’s ruling is a momentous decision for our state and nation that marks a giant step toward in our march toward true equality for all our citizens.

We all owe Mayor Gavin Newsom a debt of gratitude for his visionary leadership on this crucial civil rights issue, along with the courageous plaintiffs in this case.

But our march for justice and equality is far from over. We now must re-focus our efforts on fighting the divisive and discriminatory proposed constitutional amendment that would take away marriage equality for same-sex couples.

Working together, we can ensure that once again, justice and equality will prevail.

From the Right:

Assembly Republican leader Mike Villines, R-Clovis:
I am very disappointed that the California Supreme Court, by the narrowest of margins, would allow their own personal partisan views to get in the way of their duty to uphold the rule of law by thwarting the will of the overwhelming majority of Californians who voted in support of Proposition 22.

Fortunately, more than 1 million Californians have signed ballot petitions to place a constitutional amendment before the voters this November that will write into the state Constitution that marriage should be between one man and one woman. I am confident that the people of California will again overwhelmingly vote to preserve and protect traditional marriage.

I hope that once this constitutional amendment becomes law in November, the Supreme Court will resume its appropriate role of interpreting the law, and stop legislating from the bench.

Senate Republican leader Dave Cogdill, R-Modesto:
California voters spoke loud and clear that they believe marriage is between a man and a woman. This disappointing ruling gives activist judges a louder voice than the people of this great state. A constitutional amendment to overturn this ruling will now undoubtedly qualify for the ballot, giving Californians another opportunity to maintain the sanctity of marriage between a man and a woman.

Ron Nehring, chairman of California Republican Party:
Once again, the California Supreme Court has substituted its own will for the will of the people, this time with its controversial decision discarding the mandate for traditional marriage granted with Proposition 22 and thrusting this issue back into the national spotlight. Support for traditional marriage transcends partisanship.

The state Republican Party has consistently supported traditional marriage and Proposition 22. In September, the state committee will formally take a position on the November initiative reversing this ruling by state constitutional amendment.

So, where does the issue go from here. In a few weeks the California Secretary of State will either certify the California Initiative and Consitutional Amendment 07-0098 or not. More than 1.1 million signatures of California voters have been submitted to place the issue of gay marriage before the general election electorate.

When certified this initiative/constitutional amendment, the California Marriage Protection Act will go before voters in November. If the California Marriage Protection Act passes the gay marriage ban will once more be the law of California. Marriage will be defined as between a man and a woman.

But, there is more.

Flap heard today on the Hugh Hewitt Show that there will be a concerted effort by the Evangelical Right and others to recall the three Supreme Court Justices up for a reconfirmation vote in 2010 (even though one dissented in today’s opinion)

Here is the organizational chart as to when California Supreme Court Justices come up for reconfirmation. Each Justice serves a twelve year term, unless appointed midterm of another Justice.


Two of the three California Supreme Court Justices, Chief Justice Ronald George and Associate Justice Carlos Moreno will be undoubtedly be the focus of a 2010 recall or anti-reconfirmation action. But, like with the Rose Bird recall “clean sweep” over the issue of the California Death Penalty, Associate Justice Ming Chin will probably be a target as well. It will be hard to protect him from the wrath of the voters.

Flap has faith in the People of California to RIGHT the actions of four rogues justices who have abrogated the will of California voters.

Dan Weintraub has the take on the prospects of the coming fall election.

Flap will be voting and campaigning for the California Marriage Protection Act and also supporting the non re-confirmation of Justices George and Moreno.

Stay tuned as the election begins to take shape in the coming weeks.

California Supreme Court Overturns Gay Marriage Ban