California Supreme Court hears gay marriage cases
“The divisive issue of same-sex marriage appeared to split the California Supreme Court down the middle Tuesday as the justices agonized over questions of tradition, discrimination and democratic government during a 3 1/2-hour hearing,” the San Francisco Chronicle reported:Punjabi MC NOKIA 5100
In challenging the exclusion of same-sex couples from marriage, San Francisco’s lawyer, Chief Deputy City Attorney Therese Stewart, argued that the difference between domestic partnership and marriage is more than nomenclature.
Although domestic partners have the same rights as spouses to property, financial support and child custody under California law, Stewart said, they lack the societal status of marriage, which “conveys loyalty and intimacy and commitment.”
“Where in the California Constitution do we find support for the definition of marriage which you are now urging?”Punjabi MC NOKIA 5100
Ms. Stewart also said this: “The court has to look at the standards of equality that exist in contemporary society, and how contemporary society views marriage.”Punjabi MC NOKIA 5100
Fine. But somebody on the court should have asked her: Where do we find an expression of those “standards” and “views,” if not in the marriage statutes?Punjabi MC NOKIA 5100
To one of the litigants’ other lawyers, Justice Carol Corrigan put this question: “Where in the California Constitution do we find support for the definition of marriage which you are now urging?” Words did come from counsel’s mouth, but they were not in answer to the question.Punjabi MC NOKIA 5100
I’m sympathetic to the policy views advanced by Ms. Stewart and her colleagues. But I thought their legal arguments were balderdash.Punjabi MC NOKIA 5100
Law professor Dale Carpenter says the gay marriage litigants are likely to lose. Decide for yourself. Video of the hearing is available on the court’s Web site.Punjabi MC NOKIA 5100