Related To Story Same-Sex Marriage |
San Diegans React To Court Ruling On Gay Marriage
POSTED: 2:47 pm PDT May 15,
2008
UPDATED: 4:59 pm PDT May 15,
2008
SAN DIEGO -- Members of San Diego's Lesbian, Gay, Bisexual and Transgender community applauded Thursday's 4-3 decision by the California Supreme Court to legalize gay marriage."Just overjoyed," was how Bonny Russell, 64, of the College Area described her reaction to the news.Russell plans to wed her companion of 20 years, Jan Garbosky, 61, as soon as possible.
"It was the deepest emotion I've ever felt in my life," Garbosky said.The two have already talked to their minister about scheduling a marriage ceremony, Garbosky said.Timing could be critical for them, because the county of San Diego can't immediately issue marriage licenses for same-sex couples, and a November ballot initiative could render Thursday's decision moot.Two groups, ProtectMarriage.com and VoteYesMarriage.com, are gathering signatures to qualify a measure for the ballot, which if approved by voters would amend the California Constitution to designate marriage as strictly between a man and a woman.Ron Prentice, chairman of ProtectMarriage.com, said in a statement that the court's ruling should "prompt outrage from the majority of California's citizens," adding that it "undermined" the will of the people."In November, the people will have an opportunity to overrule the court's decision by passing a constitutional amendment and California's voters must respond by voting," Prentice said.Gregory Smith, the county's assessor-recorder, said the Supreme Court's decision requires the courts of appeal to create rules, regulations and forms for the 58 counties to follow.Forms used by the city of San Francisco to conduct same-sex marriages were rejected by the state, Smith said."We can't have all 58 counties go their separate ways," Smith said.One same-sex couple applied for a marriage license after the ruling was announced, but were informed the county was in "a holding pattern," he said."We don't know how long that holding pattern will last," Smith said. "It could be a short one. It could be a long one."The November initiative seeks to amend the provisions of the state constitution that the justices relied on, said Julie Greenberg, a professor at the Thomas Jefferson School of Law."If the constitution is amended, then the decision is no longer in effect," Greenberg said. Marriages performed before potential passage of the initiative would remain legal, she said.Otherwise, the ruling was "monumental," said Greenberg, who specializes in gender and sexual orientation issues."It said marriage is a fundamental right and because it's a fundamental right it cannot be denied to a same-sex couple," the professor said.San Diego City Attorney Michael Aguirre called the ruling "a seminal moment in legal history" that could be equated with Brown v. Board of Education, which ended racial segregation in schools.The justices found that it was unnecessary to preserve marriage exclusively for a man and a woman in order to maintain the significance of their relationship, Aguirre said."This takes nothing away from people who are married," Aguirre said.The city attorney, who said the city already recognizes same-sex couples for health and pension benefits, said it "was not good enough" for the justices that some people didn't want to share their marriage rights.The legal and constitutional correctness of the ruling transcends political positions on the issue, he said."We've been in a very loving relationship for many, many years," said Russell. "This brings our love and our life the full respect and full honor it deserves. I thought I would die before I saw this day. It's so exciting."Mayor Jerry Sanders said he stands by comments he made in September, when he reversed positions on the issue of gay marriage.At the time, an emotional Sanders revealed his daughter is gay and agreed to sign a legal brief asking the court to overturn the prohibition on same-sex marriage.The Republican and former police chief declined to elaborate further on his change of heart."The court has spoken," Sanders said. "We will follow the rule of law and that's what we'll do.""I made my comments last September, I believe, and I don't really have anything else to say," he said.Sanders said he had "absolutely no idea" how his decision to support gay marriage will impact voters in June when he is seeking reelection.The San Diego City Council in September voted to join Los Angeles, Long Beach, San Jose and Oakland in signing an amicus brief, or so-called "friend-of-court" resolution in support of gay marriage.Council President Scott Peters said he was pleased with Thursday's ruling."I don't believe the government should be involved in people's personal lives," Peters said. "I believe everyone should be treated equally under the law and I think the ruling reflects that."Peters said he wasn't sure how much of a role the city's endorsement of gay marriage contributed to the Supreme Court's decision."You never know how much weight it carries that there is tremendous public support for something in the court," he said. "They have to follow the law. But still, I am glad we decided to go on the record in support of the decision and I hope it had an effect."
Copyright 2008 by City Wire. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.









