Court upholds California's domestic partners law
Susan Jones, CNSNews.com
April 5, 2005

(CNSNews.com) - Conservatives call it another shocker for California families: A California appeals court ruled Monday that a new state law giving same-sex domestic partners many of the same rights as married couples does not violate California's Defense of Marriage Initiative (Proposition 22).

In March 2000, a majority of California voters approved Proposition 22, which states: "Only marriage between a man and a woman is valid or recognized in California."

But on Jan. 1, 2005, a new state law came into force, giving registered domestic partners "the same rights, protections, benefits, responsibilities, obligations and duties" as those conferred upon spouses.

The Campaign for California Families sued to block the domestic partners law on constitutional grounds, saying it effectively amended Proposition 22 without voters' approval.

Last year, a trial judge ruled that the domestic partners law does not amend the Defense of Marriage Initiative, and therefore it could be enacted without voter approval. On Monday, the appeals court in Sacramento agreed with the trial judge.

"We conclude the trial judge was correct in ruling that the Legislature's enactment of the domestic partners act did not constitute an amendment of the defense of marriage initiative," the appeals court said. Therefore, the appeals court concluded, separate voter approval is not necessary.

"Contrary to petitioners' suggestion, the Legislature has not created a 'marriage' by another name or granted domestic partners a status equivalent to married spouses," the ruling said.

'Marriage by another name'

Randy Thomasson, who runs both the Campaign for California Families and the Campaign for Children and Families, said Monday's ruling means Californians have no choice but to protect marriage once and for all by amending the state constitution.

"If the bureaucracy will empty marriage of all its value, the people must override the bureaucracy and protect marriage rights for a man and a woman, as is only natural and is best for the children," Thomasson said at a Monday news conference.

"Californians voted overwhelmingly to keep everything about marriage for a man and a woman," said Thomasson. "Judges and politicians who suck all the value out of marriage have trashed the people's vote and cheapened this sacred institution. Now it's up to the people to rise up once again to say 'no' to the radical special interests and 'yes' to the beautiful and important institution of marriage for a man and a woman.

"These bad rulings clearly show the need to pass a constitutional amendment protecting marriage -- because if it's not a man and a woman, it's not marriage," Thomasson said.

Thomasson said voters understand that the word "marriage" contains automatic legal rights that are reserved exclusively for a man and woman. He accuses activist judges and Democrat politicians of blatantly attacking marriage and the voters.

The Campaign for Children and Families describes itself as a "pro-family organization empowering citizens to live out their values."