Community Corner

Supreme Court Ruling: Gay Marriage Legal Again in California

By Bay City News Service

The U.S. Supreme Court ruled today that the sponsors of Proposition 8 had no standing, or legal authority, to appeal a trial court ruling that struck down the statewide ban on same-sex marriage.

The decision has the effect of reinstating a 2010 ruling in which U.S. District Judge Vaughn Walker said the ban violated the federal constitutional rights to equal treatment and due process.

Gov. Jerry Brown and state Attorney General Kamala Harris had refused to appeal Walker's ruling, and the high court said today that proponents of a voter initiative don't have the right to defend it on appeal if state officials decline to do so.

In another decision today, the court by a 5-4 vote struck down the federal Defense of Marriage Act, which had prohibited the U.S. government from recognizing same-sex marriage.

San Francisco City Attorney Dennis Herrera has said that in the event that the Supreme Court ruled on the standing issue, he expected same-sex weddings in the California to resume by late July.

That timing includes 25 days in which Proposition 8 sponsors could ask the court for a rehearing, plus several days for a federal appeals court to issue a mandate dismissing the appeal.

But there could be further litigation about the scope of the trial court ruling striking down Proposition 8.

Herrera and lawyers for two couples who challenged Proposition 8 say the injunction issued by Walker requires California officials to license and register same-sex marriages statewide.

The sponsors of Proposition 8 have said in court filings, however, that they think Walker's injunction would apply only to the two individual couples who challenged Proposition 8.

The couples, who filed a federal civil rights lawsuit in San Francisco in 2009, are Kristin Perry and Sandra Stier of Berkeley and Paul Katami and Jeffrey Zarrillo of Burbank.

Perry, 48, and Stier, 50, were on the front steps of the Supreme Court in Washington D.C. when the decision was announced, according to ABC 7 News.

“California has two courageous women to thank, for fighting the good fight. Their efforts affirmed a basic human right that will enable my daughter and all Californians, regardless of sexual orientation, to be treated equally under the law," Assemblymember Nancy Skinner said in a statement following today's ruling.

Skinner's district includes Berkeley, where Perry and her fiancee, Stier, live.

"This week, 44 years ago, the gay rights movement ascended from the Stonewall riots in New York, catalyzing today’s historic ruling in favor of marriage equality," Skinner said.

"Today, justice for all has been served. Marriage equality in California will move forward and we can see a path to marriage equality throughout the U.S.

"As a proud PFLAG mom, I look forward to my role as a state legislator, along with my legislative colleagues, to ensure California’s laws comply with the court’s ruling.”

Copyright © 2013 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

Find out what's happening in Piedmontwith free, real-time updates from Patch.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here