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Gay
Marriage in California: Legal and Political Prospects 2-28-07 -
MP3
In 1977, the California legislature amended its family
code, Section 300, to read that marriage is "a personal relation
arising out of a civil contract between a man and a woman, to which
the consent of the parties capable of making that contract is necessary."
But another section of the California code, Section 308, provides
that "A marriage contracted outside this state that would be
valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state." In March 2000, the voters
of California approved Proposition 22, which amended Section 308
with the following language: "Only marriage between a man and
a woman is valid or recognized in California." Same-sex marriage
proponents contend that Proposition 22 only applies to marriages
performed or licensed outside of California, and that the legislature
remains free to amend its own law to allow same-sex marriage.
Meanwhile, in February 2004, San Francisco Mayor Gavin Newsome,
citing his contention that Section 300 violates both the California
and U.S. Constitutions, announced that he was authorizing the issuance
of marriage licenses to same-sex couples. But the California Supreme
Court revoked those licenses in August 2004, citing the lack of
any executive authority in California to issue them.
The California Supreme Court has agreed to hear six separate cases,
collectively challenging whether California domestic partner statutes
and their assorted provisions comport with Section 300 and Proposition
22, as well as whether Section 300 or Proposition 22 violate the
California or U.S. Constitutions. Our panelists will explore the
merits of these cases, and engage in a general discussion concerning
same-sex marriage.
Panelists include:
- The Honorable Kenneth W. Starr, Duane and Kelly Roberts
Dean, Pepperdine University School of Law
- Mr. David C. Codell, Founding Partner, Law Office of
David C. Codell
- Professor John C. Eastman, Chapman University Law School
- Mr. Shannon Price Minter, Legal Director, Center for
Lesbian Rights
- Mr. Dean A. Reuter, Practice Groups Director, The Federalist
Society, Moderator
Date: Wednesday, February 28, 2007
Location: The Westin Bonaventure
Los Angeles, California
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