Special Report: Gay Marriage

May 26, 2008 - the California Supreme Court upholds Proposition 8. Gay marriage is constitutionally illegal in California.

However, the Supreme Court permits gay marriages made during the time the court said same-sex marriage was legal and the enactment of Proposition 8.

Read the Supreme Court's opinion in Strauss v. Horton.

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Originally, on February 12, 2004, San Francisco began issuing marriage licenses for same sex couples, beginning a highly political and emotional process that will decide whether gays can marry. The ultimate decision will not only affect California, but it has national implications.

Although the federal Defense of Marriage Act permits states to not recognize a gay marriage authorized in another state, and dozens of states, including California, have adopted statutes defining marriage as only being between one man and one woman, these statutes have yet to be tested for legitimacy in light of three constitutional provisions: equal protection, due process, privacy, and the full faith and credit clause.

It will be interesting to see how the issues are raised and discussed in attempting to define a right of same-sex marriage, without opening the door to polygamy and other exotic relationships.

San Francisco Litigation

Lockyer v San Francisco (February 27, 2004) Petition filed (recluctantly) by the California Attorney General to the California Supreme Court to stop gay marriages

Proposition 22 Legal Defense and Education Fund v San Francisco (February 26, 2004) Order by Judge Warren denying request for an injunction, but granting a cease and desist order for San Francisco to return to court to justify its actions

Thomasson v Newsom (February 13, 2004) Lawsuit filed in San Francisco to stop gay marriages

February 12, 2004, San Francisco Mayor's Statement Re: Gay Marriage

February 10, 2004, letter by San Francisco Mayor Gavin Newsom directing that same-sex marriages be allowed.

February 10, 2004, San Francisco Mayor's News Release Re: Authorizing Gay Marriage

California Legal Information

California's Marriage Protection Act

Federal Legal Information

Lawrence v Texas (June 26, 2003) US Supreme Court strikes down sodomy laws

The Lawrence decision, and the dissenting opinions, have fascinating language important for gay marriage and numerous other social issues

Federal Defense of Marriage Act

Full Faith & Credit Clause in the United States Constitution

Equal Protection Clause in the United States Constitution

Due Process Clause in the United States Constitution

Other Legal Rulings

February 3, 2004 - Massachusetts Supreme Court Ruling that gay marriage, and not merely civil unions, are required by the Massachusetts state constitution.
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Canada - Decisions ruling that same-sex marriages must be allowed under the Canadian Charter of Rights and Freedoms

Barbeau v British Columbia, 2003 BCCA 251 (May 1, 2003)
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Barbeau v British Columbia, 2003 BCCA 406 (July 8, 2003) - Supplemental opinion
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Halpern v Attorney General of Canada (July 12, 2002)

South Africa - Du Toit v Minister for Welfare and Population Development, Constitutional Court of South Africa, September 10, 2002 - holding that lesbians must be allowed to adopt and that it was discriminatory to only allow married couples to do so.

European Court of Human Rights

Dudgeon v. United Kingdom (September 23, 1981) - holding that criminal prohibition of homosexuality was an invasion of privacy and unlawful.

Smith and Grady v United Kingdom (September 27, 1999) - holding that a ban on gays in the military violated their right of privacy.

United Nations - Young v Australia, United Nations Human Rights Committee, September 18, 2003, holding that Austalia violated anti-discrimination principles in the International Covenant on Civil and Political Rights by denying benefits to a homosexual.

Links to Websites for Parties in San Francisco Lawsuits

Alliance Defense Fund

Campaign for California Families