California dreaming

Since the Supreme Court of California voted 4-3 on 15 May that a State law banning same-sex marriage constituted illegal discrimination, surprisingly, the sky hasn’t fallen in.

The historic decision makes California the second, and largest, state to legalise same-sex marriage in America. Massachusetts, the first state, has seen over 10,000 same-sex marriages occur since the ban was overturned in 2004.

Those opposed to same-sex marriage, in Australia and overseas, have argued that the historic and cultural significance of marriage is the primary reason why same-sex couples should be excluded from its ambit. In contrast, the Chief Justice of the Californian Supreme Court argued that it is precisely because of the constitutional, cultural, symbolic and historic significance of the concept of marriage that it cannot be limited to opposite-sex couples.

A number of options have been proposed in Australia to recognise same-sex couples, such as relationship registers, civil unions, or marriage. The Gay and Lesbian Rights Lobby has consistently argued that, whatever scheme is introduced in Australia, (1) it needs to be open to same-sex and opposite-sex couples, and (2) it needs to provide equality, both symbolically and legally, for same-sex couples.

Interestingly, the Californian Supreme Court indicated that one of the reasons for overturning the ban was that domestic partnerships were not a good enough substitute. However, the court left open the possibility that another term could denote state-sanctioned unions so long as that term was used for all couples -“ both same-sex and opposite-sex.

Last Monday, gay and lesbian couples across California welcomed the legalisation of same-sex marriage by holding weddings and ceremonies across the state, starting at 5.01 pm, one minute past the time the ban was lifted. One of the first same-sex couples to marry was Del Martin, 87, and Phyllis Lyon, 84, partners for 54 years. After pledging a lifetime’s worth of love and commitment before the Mayor of San Francisco, they were asked by a journalist how they felt. Del responded, I think it’s a wonderful day.

If Del Martin and Phyllis Lyon can legally celebrate their love in a state with a Republican Governor and in a country under a Republican administration, isn’t it time we, in Australia, got moving on this relationship recognition too? As one rabbi who presided over another same-sex union in California on Monday stated, Great floods cannot dampen your love.