May 15, 2008

Integrity, an organization of Episcopalians committed to full inclusion of lesbian, gay, bisexual, and transgender [LGBT] persons, heralded a May 15 California Supreme Court ruling legalizing same-gender marriage as "a giant step closer to ‘liberty and justice for all.'"

"The California Supreme Court today ruled in favor of marriage and against bigotry," said the Rev. Susan Russell, Integrity president and an assisting priest at All Saints Church in Pasadena, California.

"Integrity is proud to have signed the interfaith amicus brief that helped influence this decision which we celebrate as a giant step closer to "liberty and justice for all."

The 4-3 ruling, allows gay and lesbian couples across the state to wed as early as next month. Chief Justice Ronald George wrote the majority opinion, which struck down California laws restricting marriage to heterosexual couples as unconstitutional.

"The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," the court observed in a 121-page decision.

Russell said Integrity and others will press The Episcopal Church to officially sanction gay marriage at its 2009 General Convention in Anaheim.

She noted that a 1976 General Convention resolution expressed "conviction that ‘homosexual persons' are entitled to equal protection of the laws with all other citizens. We applaud those who are working hard at the state and national levels to make that equal protection not just a resolution but a reality and we salute today's decision as a huge step forward toward that goal."

"As we rejoice in this movement forward on civil marriage equality, Integrity is working hard to move the Episcopal Church forward on sacramental marriage equality," Russell added.

"Although same-gender blessings are permitted by the Episcopal Church and are performed in many dioceses and parishes, we believe the time has come for an official rite for blessing same-gender couples. Committed to the full inclusion of all the baptized in the all the sacraments, we will be asking General Convention to authorize such a rite a year from now in Anaheim."

The California ruling is the second in the nation. A 2003 Massachusetts Supreme Judicial Court ruling that "the protections, benefits, and obligations of civil marriages" be extended to gay couples went into effect in May, 2004.

The California ruling goes into effect within 30 days, at which point same-sex couples should be able to go to their local city halls, or other designated agencies, to get marriage licenses.

Meanwhile, those opposed to same-sex marriage vowed to continue fighting.

"The ruling from the court today ignores the will of the people of California," Glen Lavy, an attorney for the Arizona-based Alliance Defense Fund, a leading conservative group opposed to gay marriage, told a San Jose Mercury News reporter.

He said the alliance will ask the court to stay its decision until after the November election, which includes a ballot initiative amending the state constitution to ban same-sex marriage.

California Gov. Arnold Schwarzenegger has told the media he will oppose the ballot initiative and will uphold the court's ruling. "As I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

The three dissenters in today's ruling argued that it should be up to the voters or Legislature to sanction gay marriage, not the courts. A divided state appeals court reached that conclusion in 2006 when it upheld the ban on gay marriage, but that ruling was overturned by today's Supreme Court decision.

Justice Marvin Baxter, in one dissent, warned that the court had overstepped its judicial powers by overturning existing marriage laws.

"There is no deeply rooted tradition of same-sex marriage, in the nation or in this state," Baxter wrote, adding there is no constitutional right to gay marriage "because marriage is, as it always has been, the right of a woman and unrelated man to marry each other."

George was joined in the majority decision by two other Republican justices, Kathryn Mickle Werdegar and Joyce Kennard. Justice Carlos Moreno, the lone Democratic appointee on the court, also joined George's ruling. Baxter, Ming Chin and Carol Corrigan dissented.

Episcopal News Service
From staff, wire reports