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Dismal Marriage Decision Opens Up Opportunities
Yesterday, by a vote of 2-1, a panel of the Court of Appeals upheld California’s law that restricts marriage to a man and a woman, denying this right to gay and lesbian couples. As supporters of marriage equality, this was a huge disappointment – but it’s far from being the final word. City Attorney Dennis Herrera will appeal to the state Supreme Court, who will make a ruling within the next two years. And while the appellate court failed to recognize the rights of same-sex couples, the legal arguments made (and not made) in Justice McGuiness’ 64-page majority opinion, as well as in the concurring and dissenting opinions, offer some hope – and potentially give gay rights advocates a new opening that could help them ultimately prevail.
Yesterday, by a vote of 2-1, a panel of the Court of Appeals upheld California’s law that restricts marriage to a man and a woman, denying this right to gay and lesbian couples. As supporters of marriage equality, this was a huge disappointment – but it’s far from being the final word. City Attorney Dennis Herrera will appeal to the state Supreme Court, who will make a ruling within the next two years. And while the appellate court failed to recognize the rights of same-sex couples, the legal arguments made (and not made) in Justice McGuiness’ 64-page majority opinion, as well as in the concurring and dissenting opinions, offer some hope – and potentially give gay rights advocates a new opening that could help them ultimately prevail.
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