The state of unions

In a 4-3 ruling, the California Supreme Court on Thursday rejected the state’s laws that prevent same-sex couples from getting married.

Two years ago, the high court in Washington state took up the same issue, but in a mixed-bag ruling declined to overturn a gay marriage ban, stressing that allowing same-sex unions was a matter for the Legislature, not the courts.

Since then, lawmakers have passed a couple of bills that strengthen the legal rights in domestic partnerships, and advocates admit that the ultimate goal is the legalization of gay marriage.

Of course, all of this would be less complicated if it weren’t for the politics that enforce the historic discrimination against gay and lesbian couples.

Bowing to reality, none of the three major presidential candidates endorses a federal same-sex marriage law, but neither do they support outright bans. All three are for legal benefits in such partnerships.

This middle-ground approach is the reality in Washington state. It’s progress and something to be proud of, but it still confers second-class status on those relationships. On the federal level, productive members of a stretched-thin military can still be booted on simple grounds of discrimination based on sexual orientation.

The majority opinion in California was anchored to the principle of equal protection. It found that marriage was a fundamental right under the state constitution and that the state did not demonstrate a compelling interest to block that right for gay and lesbian couples. Gay marriage advocates are jubilant that the issue was framed in such a way by a Republican-dominated court.

Wrote Chief Justice Ronald George for the majority: “In contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation.”

A similar argument fell by the wayside in Washington state, but the California ruling should jump-start new efforts in Olympia. Opponents should be expected to show how such discrimination is beneficial to the state.

The momentum in California could be stalled if voters pass a November ballot issue that amends the state constitution to ban gay marriage. But passage is not a sure thing.

Support for gay marriage grows when the issue of discrimination is kept in the public eye. As more people learn about it and come to know gay and lesbian couples, their defenses dissipate.

If for no other reason, the headlines out of California are good news.