Cal Supreme Court Won't Stay Gay Marriage Ruling

California counties must start issuing "gender neutral" marriage licenses on June 17.

The California Supreme Court has refused the request by anti marriage-equality forces to stay their ruling outlawing discrimination in the issuance of marriage licenses due to the gender of the couple seeking to marry, clearing the last obstacle to gay and lesbian marriages in California.

The Supreme Court ruling in "In re Marriage Cases",will take effect at 5 p.m. on June 16, 2008; marriage licenses will be available without discrimination when county offices next open after that time. (I suspect that a few will remain open after 5 p.m. just to be the first to issue such licenses.)

According to the Associated Press, California's highest court has refused to stay until after the November election its decision legalizing same-sex marriage in the state.

Many of the same groups which sought the stay of the Court's ruling are pushing an initiative which would theoretically limit marriages in California to those between a man and a woman;
that initiative has qualified for the November, 2008 ballot. The full text of the initiative reads: "Article I, Section 7.5 is added to the California Constitution, to read: 'Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.'"

At this point the ballot summary also states: "The measure would have no fiscal effect on state or local governments. This is because there would be no change to the manner in which marriages are currently recognized by the state."

Presumably this language will be changed in light of today's ruling refusing to stay the Court's order -- there will now be additional cost to the counties if this initiative passes, due to changes in the manner in which marriages will be recognized after 5 p.m. on June 16.

The marriage equality ruling by the California Supreme Court (with six of it's seven members having been Republican appointees) may have been the "tipping point" on California public opinion on the issue of "gay marriage." While polls had shown a narrowing of opposition to such marriages in recent years, the California Field Poll, perhaps the most respected California polling organization, shows in their most recent (May 28) poll on the issue that a majority of California's registered voters (51% - 42%) now support marriage equality. Only 28% supported such marriage when the question was first asked in 1977. Polls until only a few weeks ago showed continued opposition to such marriages, and the current poll shows ambivalence about the Supreme Court ruling itself. A majority in the Field poll oppose the proposed Constitutional amendment banning same-sex marriages.

The "must-read" (for those interested in such things) detailed polling information on this issue is available from the folks at the Field Poll, here.

While there are still some wild cards out there (particularly voting on the issue within the black / African American community), I suspect that marriage equality in California is here to stay.