Source: San Jose Mercury News, Associated Press via IHT, Concord Monitor, Newsday
The final hurdle to marriage ceremonies this month for gay and lesbian couples was cleared away today when the California Supreme Court rejected a bid to delay last month's ruling recognizing full marriage equality in the state.
The Supreme Court says its ruling will be final at 5 pm on June 16. The justices were divided 4-3 on whether to rehear their earlier decision, the same split that unfolded when the gay marriage case was decided in May.
The denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.
Moving swiftly to remove legal uncertainty, the court turned a way a request from marriage equality foes who asked the court to stay the ruling until after the November election, when voters will consider a ballot measure that would change the state Constitution to again outlaw same-sex weddings. The secretary of state earlier this week qualified the initiative for the November ballot.
Civil rights lawyers have vowed to challenge the ballot measure if it is approved by voters in light of the Supreme Court's ruling that same-sex couples should have an equal right to marry.
Conservative organizations, joined by nine other states, asked the court to reopen the case, a move opposed by civil rights groups, San Francisco city officials, and Attorney General Jerry Brown.
Conservative organizations had argued that the court's ruling should not go into effect until after the election because of the uncertainty surrounding same-sex marriages that are expected to take place between now and November. If voters approve the ballot measure banning gay marriage, it would cast doubt over same-sex marriages, an issue expected to be tied up in the courts.
Ten states had originally filed a brief with the court supporting the request for the delay. The states argued that California's open marriage laws, which allow non-residents to get married there, would set up legal challenges in the states that do not recognize equal rights to marriage.
New Hampshire was one of those states, but quickly pulled out after lawyers there apparently pointed out to Attorney General Kelly Ayotte that the state's civil union law allows it to recognize same-sex marriages from California as civil unions.
State legislators had already thought through this situation, addressing it in New Hampshire's five-month-old civil unions law, Concord Monitor reports. If a gay couple has the opportunity to get married elsewhere, their marriage will be treated as a civil union by the state of New Hampshire. The same goes for couples granted civil unions elsewhere. The language is clear and unambiguous according to the Monitor.
In passing New Hampshire's civil union law, state legislators anticipated a time when marriage equality would be available to their constituents -- if not at home, then perhaps elsewhere.
Except in New York, gay marriage hasn't been much of an issue in New Hampshire or elsewhere. Before the California court recognized the right of all couples to marry, Massachusetts was the only U.S. state that granted full marriage equality to all of its citizens. And there, it is only available to Massachusetts residents.
New York, which does not have a domestic partnership or civil union law, is preparing to recognize same-sex marriages from California and elsewhere after Gov. David Patterson instructed state agencies to make any rule changes required to recognize all marriages legally performed out-of-state, including marriages of gay or lesbian couples.
New York law -- unlike many other states -- doesn't address the issue of valid marriages granted by other jurisdictions to same-sex couples. Courts there have ruled that the state must recognize those marriages.
But a right-wing legal group is trying to stop even that recognition. The Alliance Defense Fund says it filed a lawsuit Tuesday in the Bronx that seeks to halt the governor's order. Several Republican state senators are named as party to the suit.
The Arizona-based ADF is a group of lawyers that has intervened in gay marriage and religious freedom cases including those involving abortion and what it calls "traditional family values." The group already has pending lawsuits against New York state government over earlier attempts to extend marriage rights to gay couples.
Full article: California high court clears way for same-sex marriages starting June 17 | San Jose Mercury News
Calif. court refuses to stay gay marriage ruling | International Herald Tribune (AP)
Ayotte's gay marriage fight: wrong (and brief) | Concord Monitor
Group files NY lawsuit to stop Gov's gay marriage directive | Newsday