Surprise, Surprise. A San Francisco County judge has ruled against a state ban on gay marriage in California. The ruling will be appealed, and possibly overturned. Even before then, momentum may build for a legislative proposal that would allow a public vote later this year on a state constitutional ban against gay marrriage. Via the ballot initiative Proposition 22, California voters in 2000 have already rejected gay marriage, with 61 percent opposed. But specifically lacking a constitutional ban, legal challenges are unlikely to cease. Meanwhile, a law took effect this January allowing broad domestic partner benefits in the state. See the timeline sidebar to the above-linked article.

You'll recall that state constitutional bans on gay marriage passed last fall in two states that went for Democratic presidential candidate John Kerry; Michigan and Oregon. It could happen in California, too. Almost certainly would, given the outcome of Prop 22.

Sixteen states have amended their constitutions to prohibit same-sex marriage. It'll be difficult in Washington, because a two-thirds majority of each chamber in the state legislature must first vote to permit a public vote on any constititional amendment. But the current legal challange to our state's Defense Of Marriage Act (DOMA) may lend impetus to a constititional ban effort here, as well.

Gay activists have not a leg to stand on when they criticize state constitutional bans. They have begged the response in state after state by filing suit against DOMA legislation, enacted by 33 states, according to this report, after the U.S. Congress and then-President Bill Clinton cleared the way in 1996.

As I've said here before, I have no bone to pick with someone simply because they're gay; I have the same standards of decent conduct for straights and gays. And that includes not crying "bigot" in a crowded theater because someone disagrees with you on gay marriage.

Posted by Matt Rosenberg at March 14, 2005 01:05 PM

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