I was reading Browniehound's comment in another thread and realized that we grow up with a strong notion of what marriage is all about. Most of us carry this into adult life and possibly cement those feelings in our own marriage.
I personally do not believe that marriage is about the pro-creation of children. Though, this is a strong argument as to why (in our society) marriage can only be between a man and a woman.
My personal belief is that marriage is about honor, love, commitment and sacrifice. Children may or may not be part of the grand scheme of things. However, when it comes to my own marriage, it is probably as traditional as it comes other than my wife did work part of the time while the boys were growing up!
These comments below give more perspective on how the decision was reached. I think it is worth looking at. There is also a dissenting view from another judge.
California Judge Defends Gay Marriage Decision
California Chief Justice Ronald George, a lifelong Republican, said his decision to vote in favor of overturning the state’s ban on same-sex marriage was the toughest of his career.
It’s also become one of the most controversial.
George, 68, wrote the 121-page state Supreme Court ruling that struck down the gay marriage ban.
“The 4-3 decision, which George calls the toughest of his career. . .will define his legacy as chief justice,” the San Jose Mercury News observed.
Writing for the majority, Judge George declared: “We determine that the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples."
George said the 1948 California Supreme Court ruling in Perez v. Sharp, which outlawed a ban on interracial marriage, weighed heavily on his decision to overturn the gay marriage ban.
He defended his decision by saying that California’s Constitution dictated the outcome.
He wrote in his decision that "an individual's sexual orientation — like a person's race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights."
The legal world is abuzz over the decision by George’s court, the first to protect gays with the same civil rights laws that apply to race, religion, or gender, the Mercury News reported.
“The decision took a great deal of courage and leadership,” said University of California-Berkeley’s Boalt Hall School of Law professor Stephen Barnett.
Not everyone is as complimentary as Barnett.
Eight years ago, 4,618,673 California voters — 61 percent of those casting ballots — approved an initiative that stated: "Only marriage between a man and a woman is valid or recognized in California."
Robert P. George, a Princeton University professor of jurisprudence, said about the new court ruling: "It looks like a fairly conventional liberal judicial activist decision. These guys had the votes, and they rammed it through. They don't regard the will of the people of California as worthy of their particular concern."
Justice Marvin Baxter, a Republican on the court, wrote a dissenting opinion that accused the court of substituting "its own social policy views for those expressed by the people."
Presidential hopeful Sen. John McCain, long opposed to gay marriage and civil unions, appeared on Thursday’s "The Ellen DeGeneres Show” and said he disagrees with the California decision, but wishes DeGeneres all the best as she makes plans to walk down the aisle with her girlfriend, actress Portia de Rossi.
“I just believe in the unique status of marriage between man and woman,” McCain said.
The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage, according to The Associated Press.
"We're obviously very disappointed in the decision,” said Glen Lavy, senior counsel for the organization. “The remedy is a constitutional amendment.”
The decision is not the first controversial one George has handed down. In 1996, he wrote the majority decision for a ruling overturning a California law requiring minors to get parental consent before having an abortion.
“As a result, angry social conservatives moved to oppose George’s election in 1998, forcing him to raise more than $1 million to campaign,” the Mercury News disclosed.
George’s current 12-year term is up in 2010.
The decision supports my view that this is more about equality than anything else. When you break it down and look at who we are as human beings without all the titles, labels, status and "things" we are all the same. We are born with nothing and leave this world with nothing. This makes us equal. When we start feeling that someone else is less worthy of the tittle of marriage, I feel we are showing superiority to that person because our belief is more important or more normal than your belief. This is where I have to draw a line in the sand and say that Gay & Lesbian as well as any person who is different than me because of religious or ethnicity is equal to me and has the same rights and privileges that I have. In the context of the law and my own personal beliefs I have to support the CA Supreme Court decision.
If the will of the people feel that it is necessary to change the law and they can muster the support, I will respect that decision as well. I will not support that position.
If I was a Gay or Lesbian person living in California and the law changed against marriage, I would move out of the state and go somewhere where I could live within my beliefs.
My marriage is bound in Heaven and no Gay or Lesbian marriage can diminish what I have with my wife. So... I will support their cause but probably not with the same passion they have.