Calif. High Court Asked to Review Legality of Gay Marriage
California’s attorney general has called upon the state Supreme Court to bypass the appeals process and rule on the legality of same-sex marriage in the state.
California’s attorney general has called upon the state Supreme Court to bypass the appeals process and rule on the legality of same-sex marriage in the state.
California’s ban on same-sex marriage was declared unconstitutional in March by San Francisco County Superior Court Judge Richard Kramer. Kramer ruled that Proposition 22, a law passed in 2000 which defines marriage as a union between one man and one woman, violates the civil rights of same-sex couples.
Attorney General Bill Lockyer appealed the decision in June. Kramer’s decision has been stayed until the appeals process is complete.
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However, on Friday, Lockyer asked the California Supreme Court to review Kramer’s ruling and decide on the issue, rather than wait until the case makes its way through the appellate courts, a process that could take as long as a couple of years.
“Review by the Court of Appeal will necessarily and substantially extend the uncertainty regarding whether California’s marriage laws are constitutional,” said Lockyer.
“Same-sex couples should be given a prompt determination as to whether they can marry, and should not have to put their lives and affairs on hold indefinitely while this matter works its way through several levels of court proceedings," continued Lockyer.
"In addition, federal, state and local public officials should be given prompt clarification of their duties and responsibilities under California’s marriage laws.”
In the past, the state Supreme Court has hesitated to review cases before the appellate courts have had a chance to make a ruling. The Supreme Court could respond at any time to Lockyer’s request for a speedy decision on the issue.
Two days earlier, on Wednesday, the California Supreme Court upheld a domestic partner law signed in 2003 by then-Governor Gray Davis. Under the law, registered domestic partners have almost the same rights as married couples in the state.
Those who opposed the law filed a lawsuit claiming that the law violates Proposition 22. However, the Supreme Court ruled that Proposition 22 applies only to marriage and not to domestic partnerships.
The state legislature has also weighed in on the issue and will consider a proposed bill to legalize same-sex marriage. Pro-family groups have filed a petition to place an opposing bill on the ballot for a constitutional ban on same-sex marriage.
