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Same-Sex Marriage Ruling Makes Waves

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"Here, we are definitely going to be seeing same-sex couples getting married," Cruz said.

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He added that there is nothing in the language of the proposed November ballot measure that retroactively undoes marriages taking place before November, he said. If it were to pass, he said, married couples might be treated as domestic partners.

According to Andrew Pugno, a lawyer representing the coalition behind the ballot initiative, the measure would say that "only marriage between a man and a woman is valid or recognized in California."

Pugno said the language is taken from Proposition 22, a successful past ballot initiative that defined marriage in the state code. Thursday's ruling essentially struck down that proposition, but opponents hold up its 61 percent majority vote as a litmus test for future success.

Bill Carrick, a Democratic strategist, is not so sure. "Current public polling has shown that this issue has moved substantially and that it's 50-50," he said. "At this point, I would say it's a tossup."

Unlike changing state law, voters tend not to favor changing constitutional language, Cruz said.

"That, coupled with the prospect of almost six months of same-sex couples getting married, continuing their daily lives throughout the state, letting people see that their lives haven't changed, the sky hasn't fallen and loving relationships have strengthened -- that would make it unlikely the ballot measure would pass," Cruz said.

Eight states and the District, in addition to California, provide some form of spousal rights for same-sex couples, and a court challenge similar to California's is pending in Connecticut. Twenty-six states, including Virginia, have passed constitutional amendments banning same-sex marriages, and Florida voters will consider one in the fall.

Many same-sex marriage supporters, comforted by what appears to be the changing of public sentiment over time, said they are not worried about the proposed measure.

"No one should have to have their love and their relationship go before the voters," said Stuart Gaffney, 45, who was a plaintiff in the case the California Supreme Court decided Thursday. But, he added, "we're confident that we see attitudes changing as people get to know same-sex couples and recognize this bond of love that we all share."

Lorri L. Jean of the Equality for All campaign, a coalition of same-sex advocates preparing for a November showdown, said the measure's potential impact should be taken seriously.

The California Supreme Court ruling "was one of the most important victories in the entire history of the movement," Jean said. "The question is whether these extremist forces can take it away from us. This is not something that we can take lightly."


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