May 18, 2008 3:28 pm US/Pacific
Judge: Gay Marriage Ruling Was Difficult
LOS ANGELES (AP) ―
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Same-sex couple Shelly Bailes, left, and Ellen Pontac react to a California Supreme Court decision to overturn the ban on same-sex marriage May 15, 2008, at the California Supreme Court in San Francisco.
Justin Sullivan/Getty Images
In the days leading up to the California Supreme Court's historic ruling on gay marriage, the case weighed on Chief Justice Ronald George like no other in his nearly 17 years on the court.
George assigned the majority opinion to himself. He wrote and rewrote, poring over draft after draft. Each word change had to be approved by the other three justices joining him in the 4-3 majority that would legalize gay marriage by overturning a law approved by California voters.
The 68-year-old Republican told the Los Angeles Times that as he read legal arguments, he recalled a trip he made many years ago with his parents through the South. Signs warning "No Negro" or "No colored" left an indelible impression on him.
He indicated he saw the fight for gay marriage as a civil rights case akin to the legal battle that ended laws banning interracial marriage.
"I think there are times when doing the right thing means not playing it safe," he told the Times.
The case was set in motion in 2004 when San Francisco Mayor Gavin Newsom threw open City Hall to gay couples to get married in a calculated challenge to California law. In his opinion Thursday, George concluded "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."
He described his thinking on the status of marriage laws as more evolution than epiphany, the result of his reading and long discussions with staff lawyers.
George, who grew up in Los Angeles, told the newspaper he counts gays among his friends.
Court rules bar George from discussing the ruling until it takes effect in 30 days or more. During an interview with the newspaper, he refused to disclose anything about the court's internal deliberations and responded to a number of questions by reading from the decision.
Asked whether he thought most Californians would accept the marriage ruling, George said, "I really don't know."
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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