Nearly one in every 12 Americans lives in California, which is by far the most populous state. So it was of special significance this week when San Francisco Superior Court judge Richard Kramer ruled that same-sex couples in California have a constitutional right to marry. The issue will likely be decided sometime in 2006 by the California Supreme Court, so gay and lesbian couples shouldn't start planning their weddings yet. But Kramer's ruling, coming a year after the stirring sight of gay marriages performed at San Francisco City Hall, was a welcome step forward.

Last November, voters in states across the country, and especially in Red America, approved measures denying same-sex couples the right to marry, and in some cases took away other rights as well. Yet the movement toward full marriage equality continues. State courts in New York, Oregon, Washington, New Jersey, Maryland, and Connecticut are all considering the issue.

In Massachusetts, where same-sex marriage went into effect nearly a year ago, there is still a possibility that this basic civil right could be taken away. In 2004 the legislature gave preliminary approval to a constitutional amendment that would ban same-sex marriage and instead create civil unions for gay and lesbian couples. The legislature may take up the measure again sometime this fall. If it passes, it would be placed on the ballot in November 2006.

Such a move would be a mistake; if voters were actually to approve it, it would be a tragedy. Fortunately, further legislative action became less likely on Tuesday, when primary voters in two Boston legislative districts elected pro-gay-marriage Democrats Linda Dorcena Forry and Michael Moran to replace anti-marriage Democrats who'd left the House. Right-wing complaints about so-called 'activist judges' ignore the constitutional purpose of the judiciary, which is to protect the rights of the minority from the tyranny of the majority. One's humanity should not be subject to a referendum. Massachusetts voters have grown increasingly comfortable with the notion of gay marriage over the past year. Yet the passions that could be stirred by a well-funded hate group during an election campaign are not to be underestimated.

In Massachusetts, in California, and elsewhere, gay and lesbian couples are winning the right to live their lives just like everyone else. What the law gives, the ballot should not take away.

This entry was posted on Wednesday, March 16, 2005 at 3:49 PM. Want to discuss? Leave a comment below.