Same Sex Marriage Ruling in California

The California State Supreme Court released a 4 -3 decision that overturned the state's ban against same-sex marriages. This decision expands the right to marriage for the basis of developing a family. According to The New York Times, the decision states:

"In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation, and, more generally, that an individual's sexual orientation -- like a person's race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights."

Here is a link to a brief discussion of the reasoning if you desire more information on the case.

There are a few important points to note about this legal challenge in California. First, the state legislature attempted to accomplish same-sex marriages though their authority; however, Governor Schwarzenegger vetoed those bills. In this case, "Judicial Activism" did not overturn the will of the people; a governor's veto did.

Second, Governor Arnie stated he would abide by the Court's decision:

I respect the Court’s decision and as Governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.

Third, and most important, the success today is by no means guaranteed to stand for very long. Same-sex rights activists will need to be out in full force in California this November since a constitutional initiative will be on the ballot. Voters will support or reject the following ballot: "Only marriage between a man and a woman is valid or recognized in California." This is constitutional, not statutory, meaning if this amendment passes, the California Supreme Court cannot render a decision on it. According to Washington Monthly, the statutory ballot initiative in 2000-- the one the California Supreme Court struck down-- passed with 63% of the vote. Have the attitudes in California changed in the past 8 years?

Fourth, will this alter the presidential election by bringing out more conservatives in California? In 2004, the ruling in the Massachusetts same-sex marriage brought out conservative voters in a lot of states to support amendments that redefine marriage as being for one man, one women. Will this decision start the process over even though the facts of the case are much different?