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Over the Rainbow: - Wrestling With Angels

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Christian leaders and organizations. In 2000, California voters passed, by a vote of 61% to 39%,<br />

Proposition 22 which recognized marriage only between a man and a woman , even though <strong>the</strong><br />

media had downplayed public support for <strong>the</strong> measure characterizing it as hate legislation<br />

(Daniels,2000).<br />

Gay Marriage Ping Pong in San Francisco<br />

San Francisco was distinguished by <strong>the</strong> LGBT culture with a rainbow flag flying on almost<br />

every street. After hearing President Bush oppose gay marriage in his State of <strong>the</strong> Union<br />

Address on January 20, 2004, San Francisco Mayor Gavin Newson challenged <strong>the</strong> California<br />

State Constitution in regard to unequal treatment for gays and lesbians. Noting that “gay<br />

citizens pay taxes and protect our communities as firefighters and police officers, among o<strong>the</strong>r<br />

occupations, “ He instructed county clerks to issue marriage licenses on a non-discriminatory<br />

basis. On <strong>the</strong> first weekend over 2000 gay and lesbian couples were wed. Approximately<br />

4,000 same sex couples were married in San Francisco’s City Hall between February 12 th and<br />

March 11 th. (SanFrancisco.com, 2004).<br />

Opponents to same-sex marriage filed civil lawsuits to stop San Francisco from issuing<br />

marriage licenses to same-sex couples. On March 14, Judge Kramer ruled that California<br />

statutes denying marriage to same-sex couples were unconstitutional. Opponents appealed<br />

<strong>the</strong> decision. In July of 2006 <strong>the</strong> appellate court overturned <strong>the</strong> lower court decision.<br />

Presiding Justice William R. McGuiness found: that “<strong>the</strong> state’s interests in ‘preserving <strong>the</strong><br />

traditional definition of marriage’ and ‘carrying out <strong>the</strong> expressed wishes of a majority of<br />

Californians’ were sufficient to preserve <strong>the</strong> existing law.” McGuiness wrote, “That change<br />

must come from democratic processes, however, not by judicial fiat” (Wikipedia (b) 2010).<br />

In <strong>the</strong> 2005-2006 session of <strong>the</strong> California State Legislature, assembly member Mark Leno<br />

introduced Assembly Bill 19, proposing <strong>the</strong> legalization of same-sex marriage. In September of<br />

2005, <strong>the</strong> California Senate approved <strong>the</strong> bill by 21 to 15 and <strong>the</strong> State Assembly approved it by<br />

41 to 35. California became <strong>the</strong> first legislature in <strong>the</strong> nation to approve a same-sex marriage<br />

bill. However Governor Arnold Schwarzenegger indicated he would veto <strong>the</strong> bill, citing<br />

Proposition 22 (Wikipedia (b), 2010).<br />

California Supreme Court Affirms <strong>the</strong> Right to Same-Sex Marriage<br />

Lawsuits challenging <strong>the</strong> denial of marriage rights for gays reached <strong>the</strong> Supreme Court of<br />

California. On May 15, 2008, it overturned <strong>the</strong> state’s ban on same-sex marriage with <strong>the</strong> ruling<br />

In re Marriage Cases. Even though <strong>the</strong> ballot initiative to bring <strong>the</strong> vote for a constitutional<br />

<strong>Over</strong> <strong>the</strong> <strong>Rainbow</strong>: The Gay Battle for Social Reorganization of America. 2010<br />

Dr. M. L. Coppock<br />

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