In the aftermath of the California Supreme Court ruling upholding a ban on future same-sex marriages, other states are wrestling with the issue.
Five states — Massachusetts, Iowa, Vermont, Connecticut and Maine — have approved same-sex marriage. And at least three others, New York, New Jersey and New Hampshire, are seriously considering the matter.
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With more than two dozen states having constitutional amendments that define marriage as a union between a man and woman — and the South and the West appearing to be overwhelmingly against same-sex marriage — the outlook for gay rights advocates would appear to be daunting.
California is poised to be on the front lines of a ramped-up national tussle over the issue in the wake of its high court ruling.
Proponents of the voter-approved measure banning same-sex marriage hailed the decision as a key step in slowing momentum for legalization across the nation. But political and legal observers said the ruling would spark marriage-equality efforts in California and beyond. “The ruling is likely to galvanize the movement to same-sex marriage even further,” said Julie Nice, professor of constitutional law and sexuality law at the University of San Francisco. “There’s no question it mobilizes the supporters who feel they lost.”
Meanwhile, two high-profile lawyers, former U.S. Solicitor General Theodore B. Olson and noted trial attorney David Boies, who battled each other in the landmark 2000 Bush v. Gore case that decided the presidential election, have filed suit in U.S. District Court in San Francisco on behalf of two same-sex couples.
The lawsuit argues that California’s Constitution, as amended by Proposition 8, violates the 14th Amendment to the U.S. Constitution and their rights to equal protection under the law.
Seven million Californians voted in favor of Prop. 8 in November, said Andy Pugno, general counsel for Yes on 8/Protect Marriage.com, which supported the measure. Its margin of victory — 600,000 votes — underscored that “the pattern is consistent every time voters are given a choice … and it’s been fought from state to state,” he added. “It shows that today, still, even in a fairly liberal state … [voters] will side with traditional marriage,” Pugno said.
Rick Jacobs, founder and chairman of the 700,000-member Courage Campaign, said such resolve by supporters of marriage equality showed that “California is again a trendsetter” on the issue.
Jacobs’ organization this week introduced ads aimed at renewing the battle to put same-sex marriage on the state ballot next year — and he said the timing couldn’t be better.
“Prop. 8’s passage, combined with this week’s court decision, was a political shock and a wake-up call” to a generation of young, new and progressive-leaning voters who supported Barack Obama for president, he said.
