The CA Supreme court has ruled today IN FAVOR of marriage – for ALL couples. Not just boy-girl couples, but boy-boy and girl-girl couples. That means, that for those of us who have made commitments to our partners, who are raising our children, and building our extended family and community, we can be recognized LEGALLY as family unit.
When Pamela and I had our commitment ceremony nearly 13 years ago, we did it knowing that we would not have the same rights as a hetorosexual couple. We couldn’t appropriately say, “We’re getting married.” We had a “commitment ceremony” officiated by our minister, Reverend Larry Keene. We were wed in the eyes of our Creator and our family, but not in the eyes of civil authority. We had to take extra measures to ensure that our rights to take care of our spouse and our children were recognized by civil institutions, like hospitals, and schools, and workplace. When I gave birth to our first child we went through the ridiculous exercise of adoption through the Department of Child and Family Services (DCFS) whereby I had to sign away my parental right to my daughter so Pam could adopt her as a single parent…but, nod-nod, wink-wink, there’s a statement at the veeeeery end of that legal document that says, “I’m really not giving up my rights, but since you, the state, don’t recognize our freedom to be a family, I have to go through all these hoops, so our daughter can have two – count them – TWO MOTHERS! Thankfully, by the time our second child was born, that nonsense was replaced with a more civilized procedure. When Henry was born, Pam, as my “Registered Domestic Partner” (“RDP”) was even on the birth certificate as the “Father”. Talk about miracles.
Many things have improved over the last 13 years, and California has the most comprehensive Domestic Partnership Legislation in the entire country. But as we have learned in this country, “separate but equal” is neither fair nor equal. Back in the 1940’s the California Supreme Court lead the country by being the first state to recognize and legalize inter-racial marriage, and they used that historical context to study and reflect upon the issues they faced in this case.
So, what does that mean for us, “Al Franken?” What this means in practical terms is this: When a schoolmate asks, “Are girls allowed to marry girls?” or “Is your mommy married?”, my daughter can answer unequivocally, “YES.” There is no more quotation around the term “married”. There is no more caveat, “Well, we had a symbolic ceremony, but it’s not legal.” (Odd enough since it is the right wing, fundamentalist conservatives who are leading the fight against legalizing same-sex marriage.)
After 13 years, two children, and a dog, Pam and I can line up at City Hall and apply for a license. We can obtain a piece of embossed paper that will put us on equal footing with all the other legally suffering married couples in California. And to that, I say, YIPPEEEEEE!!!
Excerpt from Supreme Court opinon…
…. 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. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.[1
For more information, or if you’re a legal geek and want to see the opinion, go to http://www.courtinfo.ca.gov/opinions/
Comprehensive news coverage from:
CNN.com – http://www.cnn.com/2008/US/05/15/same.sex.marriage/index.html?eref=rss_topstories
The Mercury News – http://www.mercurynews.com/breakingnews/ci_9269719
Los Angeles Times – http://www.latimes.com/news/local/la-me-gaymarriage16-2008may16,0,6182317.story
San Francisco Chronicle – http://www.latimes.com/news/local/la-me-conflict13-2008may13,0,7029593.story
