California High Court Voids Gay Marriages

So, the California Supreme Court has voided all the same-sex marriages that Mayor Gavin Newsom allowed in San Francisco last February. The court did not rule on the ultimate constitutionality of same-sex marriage (that issue is working its way through the lower courts and the state Supreme Court is not expected to address it before next year), but rather ruled on the issue of whether Mayor Newsom could legally ignore existing state law. The court unanimously found that he could not, and ruled 5-2 to void all of the nearly 4,000 same-sex marriages that had been performed.

I think this was the right decision. While Newsom’s actions were wonderfully inspiring, effective in humanizing the issue of same-sex marriage, and absolutely correct on principle, a mayor can’t just decide which state laws he will or won’t enforce. It’s not a city official’s job to interpret the state constitution.

That said, it was a heartwarming act of civil disobedience that put a human face (or rather, many human faces) on what many people see as an abstract issue. It’s one thing to think about gay marriage in theory, but — I hope — it’s another thing to have seen all those photos and footage of happy couples streaming out of San Francisco’s City Hall last February and March.

Here’s hoping all 4,000 of those couples will someday soon be able to get legally married. They, and we, deserve no less.

Missouri Gay Marriage Amendment Passes

Well, the Missouri Constitution now bans gay marriage.

Missourians Back Ban on Same-Sex Marriage

With 93 percent of precincts reporting, the amendment had garnered 70 percent of the vote.

Gay Marriage Ban Gets Voter OK

The Missouri Constitution will now state that “to be valid and recognized in this state a marriage shall exist only between a man and a woman.”

Missouri approves same-sex marriage ban

Louisiana residents are to vote on a marriage amendment September 18. Then Arkansas, Georgia, Kentucky, Mississippi, Montana, Oklahoma, Oregon and Utah are to vote on the issue November 2. Initiatives are pending in Michigan, North Dakota and Ohio.

Four states — Alaska, Hawaii, Nebraska and Nevada — already have similar amendments in their constitutions.

Ugh.

Marriage Jurisdiction

There’s been a last-ditch attempt in the last few days by some members of the Massachusetts Legislature to challenge the Massachusetts high court’s same-sex marriage decision. The members of the legislature have made a motion to the Supreme Judicial Court to vacate its own ruling, claiming that the court does not have jurisdiction over marriage issues because the state constitution gives jurisidiction over marriage to the legislative and executive branches.

Here’s the legislators’ brief in support of the motion. Here’s GLAD’s reply brief in opposition. Apparently this issue has already come up a few times over the course of this litigation and has been dismissed each time. I can’t see the court denying its own jurisdiction over marriage, especially at this point. And since this is a state-law issue, it can’t be appealed to the U.S. Supreme Court, so the Supreme Judicial Court of Massachusetts will have the final word on this.