California Supreme Court Hears Constitutionality Of Traditional Marriage Law Case

This morning in San Francisco, California, the Supreme Court began hearing the case of whether the state’s law defining marriage as a “union between a man and a woman” is constitutional.

Nearly four years ago, the San Francisco courts decided to overturn the mayor’s decision to allow same gender couples to marry, invalidating close to 4,000 marriages that took place in February and March of 2004. After fighting their way through the court system, this case, comprised of approximately two-dozen same sex couples and the city of San Francisco, made it to the California Supreme Court. California Court Information 2004 The case accuses the California law of marriage as being unconstitutional, stating that denying marriage to gay and lesbian couples is denying an individual their right to choice, and thereby denying them the right to equal treatment. The plaintiffs in the case reference a case where interracial marriages had been considered illegal, but eventually, that ruling was overturned by the courts, stating that the mindsets towards equality had evolved. As reported by their local news, opposition states that no “unequal treatment” exists, that marriage is a union between man and a woman for the purpose of procreation of our species and that equal treatment for gays and lesbians is evident in the state’s Domestic Partnership Laws. They also argue that the definition is written into the law and could only be changed by legislation and the state’s voters.

“The plaintiffs argue that the California Constitution protects the rights of same sex couples to marry. Opponents include the state of California, which argues that the definition of marriage is so deeply engrained in law that only the Legislature or voters have the power to change it……”

They have 90 days to make a final ruling.