A Significant Step Forward For Marriage Equality
May 17th, 2008.By Twistie
Two days ago the California Supreme Court ruled that people have a ‘fundamental right to marry’ and that gender restrictions violate the equal protection guarantee in the state constitution.
While the war for marriage equality has been going on for some time, this particular battle began in 2004 when Mayor Gavin Newsome announced that gay marriage would be legal in San Francisco, regardless of the law in the rest of the state. Gay and lesbian couples flocked to the city, got married, and were then told their marriages were invalid because of a law passed in 2000 declaring “only marriage between a man and a woman is valid and recognized in California.” After that law was passed by voters, California developed one of the strongest domestic partnership laws in the country…but that still isn’t the same as marriage.
When I heard the news of this ruling, what struck me was how the wording sounded familiar to me in content. I heard a distant echo of Brown vs Board of Education of Topeka which struck down racially segregated public schools in 1954. The argument then was that ’separate but equal’ as a policy may always be separate, but was almost never equal.












