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Gay marriage may not happen for California

05/16/2008 02:18 Source: AP ©
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Massachusetts in 2004 became the first, and so far only, state to legalize gay marriage; more than 9,500 couples have taken advantage of the law. But the California ruling is considered monumental by virtue of the state's size - 38 million out of a U.S. population of 302 million - and its historical role as the vanguard of many social and cultural changes that have swept the country since World War II.

Gay marriage may not happen for California
Gay marriage may not happen for California
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California has an estimated 108,734 same-sex households, according to 2006 census figures.

"It's about human dignity. It's about human rights. It's about time in California," San Francisco Mayor Gavin Newsom, pumping his fist in the air, told a roaring crowd at City Hall. "As California goes, so goes the rest of the nation. It's inevitable. This door's wide open now. It's going to happen, whether you like it or not."

Unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays nationwide are likely to flock to the state to be wed, said Jennifer Pizer, an attorney who worked on the case.

The ultimate reach of the ruling could be limited, however, since most states do not recognize same-sex marriages performed elsewhere. Nor does the federal government.

The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage.

"We're obviously very disappointed in the decision. The remedy is a constitutional amendment. The constitution defines marriage as a union between one man and one woman," said Glen Lavy, senior counsel for the organization.

Opponents of gay marriage could also ask the high court to reconsider. If the court rejects such a request, same-sex couples could start getting married in 30 days, the time it typically takes for the justices' opinions to become final.

Attorney General Jerry Brown, whose office had argued to uphold the ban, said Brown will work with Gov. Arnold Schwarzenegger and state agencies to implement the ruling.

The case was set in motion in 2004 when the mayor of San Francisco - the unofficial capital of gay America - threw City Hall open to gay couples to get married in a calculated challenge to California law. Four thousand wed before the Supreme Court put a halt to the practice after a month.

Two dozen gay couples then sued, along with the city and gay rights organizations.

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