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California Lifts Ban on Same-Sex Marriages
Compiled by the DiversityInc staff
May 15, 2008
California became only the second state in the
nation to allow same-sex couples to legally marry, following a ruling today by
the California State Supreme Court, striking down the state's ban on same-sex
marriages as unconstitutional. Previously, Massachusetts was the
only state to authorize same-sex marriages. Vermont, New Jersey,
New Hampshire and Connecticut allow civil unions, while California previously had
a domestic-partner registration law, reports CNN.com.
To see where your state stands on
same-sex marriages, click here.
The ruling came after four lawsuits
were filed on behalf of the city of San Francisco
and 23 same-sex couples argued that the current law violates rights under the
California
constitution to marry the partner of one's choice.
"The California justices affirmed loud and clear that marriage
should be based on a couple's love and commitment," said Out & Equal
Executive Director Selisse Berry. "Thousands of committed couples
will be given the societal respect, recognition and legal protections that are
provided only when two individuals become legally married. Yesterday marriage in
California was
defined by who it excluded. Today it's defined by who is
included."
The state's ban on same
sex-marriage, reports The New York Times, was based on a law enacted by the state
legislature in 1977 and a statewide initiative approved by voters in 2000 that
defined marriage as limited to unions between a man and a woman. The court was
to decide if those laws violated provisions of the state constitution protecting
equality. The court ruled that they did.
The issue of gay
marriage is so critical because so many same-sex partners do not receive the
same benefits as opposite-sex partners. The most essential benefit for most is
health-care coverage. While 53 percent of the Fortune 500 companies still offer
healthcare benefits for same-sex domestic partners (Human Rights Campaign data),
that means 47 percent don't. Offering these benefits is a requirement for The DiversityInc Top 50
Companies for Diversity list® .
To find out more about
these benefits and read the story of Steelcase CEO James P. Hackett, who pushed
for more than a decade to get healthcare benefits for domestic partners at his
company, read the June
issue of DiversityInc magazine.
San Francisco Mayor
Gavin Newsom put the marriage debate in the national spotlight by allowing
same-sex couples to get married at City Hall in 2004. California's justices
halted that wedding spree and voided the 4,037 marriage licenses while
sidestepping the core constitutional question. They ruled the mayor did not have
authority to make marriage law.
"Today the California Supreme Court
took a giant leap to ensure that everybody--not just in the state of California,
but throughout the country--will have equal treatment under the law," City
Attorney Dennis Herrera, who argued the case for San Francisco, told MSNBC.com.
A major study released in 2006 by
the Williams Institute on Sexual Orientation Law and Public Policy at UCLA
School of Law detailed the many benefits for corporate America from
recognizing marriage, civil unions and domestic partnerships for same-sex
couples. Read the results on DiversityInc.com.
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