Ten states, including Alaska, ask California to delay marriage ruling
Published Friday, May 30, 2008
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Stumble It!SAN FRANCISCO -- The attorneys general of 10 states, including Alaska, have joined conservative legal groups in urging the California Supreme Court to delay finalizing its ruling to legalize same-sex marriage.
In a friend-of-the-court brief filed late Thursday, they said they have an interest in the case because they would have to determine if their states would recognize the marriages of gay residents who wed in California.
The states involved are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah. Except for Florida and New Hampshire, all of them have constitutional provisions banning gay marriage.
The attorneys general asked the court to stay its May 15 ruling until after the November election, when California's voters likely will decide whether to adopt a similar amendment, which would overturn the court's decision. The court's decisions normally take effect after 30 days.
What happens in California is being watched carefully elsewhere because unlike Massachusetts, the only U.S. state where same-sex couples can now marry, California does not have a residency requirement for obtaining a marriage license.
"We reasonably believe an inevitable result of such 'marriage tourism' will be a steep increase in litigation of the recognition issue in our courts," Utah Attorney General Mark L. Shurtleff wrote in the brief submitted on behalf of the 10 states.
New York Gov. David Paterson, meanwhile, has indicated that state plans to recognize same-sex marriages from other jurisdictions, meaning New Yorkers who get married in California would be entitled to spousal support, and other marriage rights at home.
California Attorney General Jerry Brown, whose office originally argued to uphold the state's one man-one woman marriage laws, submitted its own brief Thursday urging the Supreme Court not to grant the stay.
"The Court has declared the law governing the right of same-sex couples to marry, and the Attorney General undertakes to give effect to that declaration with no less vigor than he previously sought to give effect to the statutes in dispute," Brown's brief states. "It is time for these proceedings to end."
The Supreme Court has until the close of business on June 16 to decide the stay request, but it also could give itself a 60-day extension to consider matter. The California Office of Vital Records informed local officials this week they can start issuing marriage licenses to same-sex couples on June 17, barring further instructions from the court.
"The court's decision firmly establishes there is a fundamental right to marriage equality for same-sex couples under the California Constitution," said San Francisco City Attorney Dennis Herrera, whose office joined two dozen same-sex couples in bringing the lawsuit that led to the court's 4-3 decision. "To deny that fundamental right based on speculation about what might happen in November is terribly inappropriate."
Ron Prentice, chairman of the coalition sponsoring the proposed California Marriage Protection Act, said he welcomed having other states support the stay request.
"Redefining marriage will affect the entire nation, not just California," Prentice said. "There is no good reason for these four judges to create nationwide chaos when a ballot measure to reverse the decision is pending before the voters."
Community Discussion
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First let me say that I have gay friends, and I don't believe that what they do is any more wrong than a man who cheats on his wife.
They both might say the same thing, "I have done nothing wrong".
That being said:
marriage is and has always been between a man and a woman.
It is a covenant that breeds life.
Homosexuality breeds death and disease.
This is the truth regardless of how upsetting it may be.
Please take a stand against gay marriage for the sake of your children.
Grow up and mature, please. Promiscuity and poor decision making breeds disease and in case you haven't noticed those problems transend sexuality. Comments and opinions as diluted and unrealistic of yours makes "land of the free" home of the oppressed.
Love is love and noone, especially no government, should have a say in how you can express that love.
Some day people will look back on this countrys homophobia with the same awe and disbelief that we look at racism and segregation.
In addition:
homosexual relationships might actually help "our" children. There are soooo many unwanted children in this country and even more around the world. Homosexual couples don't have the risk of breeding unwanted and unloved children and if they do want kiddos they can give a healthy happy home to one whose heterosexual parents couldn't.
It's this simple - Separation of Church and State.
Christianity states homosexuality is a sin.
The Government, both federal and state give benefits to married couples. I one saw a study that stated the average married couple got over 1400 benefits that unmarried couples don't. Things like tax differences, automatic power of attorney, the ability to make medical decisions in an emergency etc.
Now, the fact that there are legal governmental differences between being married and not makes marriage a secular issue, not a religious one.
Last time I checked there was this whole equal rights/equal access thing the government had to abide by. If they are going to offer benefits to someone for obtaining a marriage license, they have to offer it to everyone who meets the requirements, just like a drivers license, or a passport.
Things like blood test to rule out close relation, minimum age etc are just like the laws stating one must pass certain tests before obtaining a drivers license, or a background check prior to getting a passport.
The government, by following a discriminatory religious practice is violating the separation of church and state.
If churches don't want to allow gay couples to get married in a religious ceremony thats their prerogative. But the federal government needs to get their act together, tell the states to suck it up and deal with it and offer equal access to marriage for all.
If California is going to step up and do what the Feds don't have the moxy to do, Alaska (and the rest of the states) needs to stay out of it.
2cold4me - Do you know the group with the highest infection rate of HIV right now? Black women. And the only way it breeds death is because ignorant, bigoted, judgmental people have created such a hostile environment for gay people their rate of depression and suicide is through the roof.
As for the whole children thing firefighterswife has got it right.
Used to think like you.
Thought that my "opinions" trancended the bondage of Godly truth.
Truth is I was wrong, and so are you.
I was fortunate to come to grips with the destructive behavior in my own life, and was humbled by the truth.
Me saying what I did is not meant to hurt, but I only wish to point out the consequences. Sorry for that, but I do care more than you will ever know. The consequences in my own life have been very steep.
I'm an Atheist, that way I get to form my own opinions instead of getting them from a book.
The consequences from homosexuality are no different then the consequences from heterosexuality. In fact, in homosexuality they are less, no one has to worry about getting pregnant on accident. As for STDs and such, homosexual people and heterosexual people have the same amount of risk of catching one.
You are right about the STDs.
I am going to San Francisco tomorrow,
lots of different opinions there.
Especially in the hospitals.......
talk to you later.
2cold4me:
What does homosexuality have to do with heterosexual infidelity?
How does homosexuality "breed death and disease"? Please be specific.
Also, what do your Christian beliefs have to do with our laws? Do you favor the reworking of the United States as a Christian theocracy? As a non-Christian, what will my status be in your Christofascist state? Will I still be allowed to vote? To own land?
Do you think I'm going overboard? Okay, then. To what extent do you think that your Christian beliefs should be reflected in law? Whose interpretations of scripture will we use when we make Christian beliefs into laws? Could you explain the process by which laws would be approved as both theologically correct and constitutional?
Finally, if our laws do allow people to do things that your religion disapproves of, how does that affect your ability to observe your religion? Nobody's asking you to marry a member of your own sex, right?
I'm just trying to understand your logic.
Look at the top of the supreme court building and you will see just one of hundreds of examples on how the United States is founded upon Christian beliefs. No need to "re-work" anything. That is what you are trying to do.
I just want our country to be blessed by God, for the sake of my children and my grandchildren.
What does homosexuality have to do with heterosexual infidelity?
-they are both equally as wrong.
How does homosexuality "breed death and disease"?
-just like hetrosexual promiscuity, it breeds many diseases, you didn't know that? (rubbers break by the way and don't protect against all bugs). Not to mention the spiritual downside.
How does that affect your ability to observe your religion?
-my relationship with Jesus is based on Him forgiving me, you cannot affect that, even if the law banned me from it.
Chances are I have already experienced what you have.
I hope you can someday experience what I have.
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