Contemporary History
In 2001, same-sex couples (including Davina Kotulski and Molly McKay) from Marriage Equality USA began asking for marriage licenses in Los Angeles and San Francisco. The issue of same-sex marriage reemerged in 2004, when Mayor of San Francisco Gavin Newsom directed the city-county clerk to issue marriage licenses to same-sex couples, citing the California Constitution's guarantee of equal protection under the law to all groups. The marriages were quickly annulled by the California Supreme Court, and the city of San Francisco issued a legal challenge that was consolidated with other challenges to California's marriage laws. Meanwhile, the California legislature twice passed, and twice received vetos from governor Arnold Schwarzenegger on, bills that would have legalized same-sex marriages in the state.
On May 15, 2008, at a time when only the Massachusetts Supreme Court had ruled favorably on same-sex marriage, the California Supreme Court ruled on the 2004 San Franciscan challenge with other cases in the watershed In re Marriage Cases. Applying strict scrutiny to the state's discrimination between heterosexual and other citizens, marriage was found to be a fundamental right that may not be denied based on sexual orientation, and the relevant laws were struck down.
Social conservatives and other dissenters capitalized on the case to renew its thrice-unsuccessful push to amend the Constitution of California to restrict marriage to being between opposite-sex couples, and with unprecedented support from the Catholic and LDS churches, succeeded by a slim margin of votes. One year later, the proposition was verified as legal by the California Supreme Court, but not held to be retroactive, so the state of California only recognizes opposite-sex marriages, except for the same-sex marriages granted before the constitutional change in 2008 (including 18,000 marriages granted by California and possibly same-sex marriages granted by other jurisdictions before that date, although a test case has not yet arisen). Plans to take this case to the federal level have been announced.
Read more about this topic: History Of Marriage In California
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