California Supreme Court Overturns Ban on Gay Marriage
DON LEMON, CNN ANCHOR: All right. And just moments ago, the California Supreme Court overturned that state's ban on gay marriages. I'll say it again. The California Supreme Court overturned that state's ban on gay marriage. San Francisco was one of the plaintiffs trying to overturn the ban. And joining us now by telephone, San Francisco Mayor Gavin Newsom. A victory for you, sir.</s>MAYOR GAVIN NEWSOM, SAN FRANCISCO: Well, not just for me, but for literally millions of people across this country and, for that matter, around the world. What the court did is simply affirmed their lives, affirmed their rights to live their lives out loud the same way that many of us take for granted that are getting married each and every day across this country. And it's just an extraordinary day, because California's Supreme Court, six out of seven judges which were Republican appointees, stood up, did the right thing, read the Constitution of the state of California, and noted was to me and others self-evident, that there's nothing in that Constitution that allows people to discriminate against people on the basis of sexual orientation. And that was affirmed today.</s>LEMON: OK. And I'm going to read exactly what you said. "Accordingly, we conclude that the right to marry, as embodied in the Article I," which is from the statement that we have and the ruling that we have, "that it guarantees same-sex couples the same substantive constitutional rights as opposite sex couples to choose one's life partner and enter with that person into a committed, officially-recognized and protected family relationship that enjoys all the constitutionally-based incidents of marriage." What happens in California, sir, many times spreads across the country. What do you think?</s>NEWSOM: Well, I do think -- I mean, it's a throwaway line, but I do think it's true. As California goes, so goes the rest of the nation. And I don't think people should be paranoid about that. I don't think people should stop and pause and go, this is the end of civilization as we know it, as some have already asserted. Look what happened in Massachusetts a number of years ago. Massachusetts is doing just fine. The state is doing wonderfully. The fact is that marriage is an institution and Massachusetts has not come to an end. People are doing OK. And that is exactly what's going to happen in California. And that's inevitable, and I think as other states adopt similar strategies to do the right thing, that will happen in those respected states.</s>LEMON: Well, and, you know, this is no secret to you, San Francisco has a reputation as being one of the most liberal places in the country. And people are going to say, you know what? This is just going to happen in San Francisco and California because you're very liberal there. That, in fact, the country is a little too conservative and the country believes that marriage should be between a man and woman, and it's not going to happen elsewhere.</s>NEWSOM: Well, here's the problem. The Constitution then is the real problem. And that is why I think the president of the United States wanted to write discrimination into the Constitution of the United States, the Constitution since the Bill of Rights that's only been amended 17 times to extend people's rights -- to abolish slavery, to allow women the right to vote. The problem is -- and this is why six out of seven Republican judges that were appointed on our California Supreme Court, at least four of them, concurred -- the point is that there's nothing in that Constitution, that document. Forget politics, let's just talk principles, the foundation of our Constitution, that allows people to discriminate based on sexual orientation. So, unless you amend the Constitution of the United States -- and this is where I agree with the president -- there's no foundation, no justification for discrimination. That's not a liberal or conservative problem. That's just I think fundamentally and factually constitutionally protected.</s>LEMON: Yes. I'm going to move on and let you -- because we need to get to our justice correspondent. But you, you know, also have some things to do here. You said barring politics, but also religion as well, Mr. Newsom, because people have said that marriage should be between a man and a woman and that's what the Bible says.</s>NEWSOM: Yes. We're not going to touch religious institutions. Forty percent of marriages are done outside religious institutions. We're not going to offend or do anything to impose our point of view on any religious constructs. This is about civil marriage, this is about fundamental rights. These are the same principles that we stood up as it relates to the denial of interracial marriage in 1967, when the Loving versus the State of Virginia was adjudicated by the U.S. Supreme Court. The same arguments then are the same arguments that are still being used today against same-sex marriage. It was the right thing to do in '67, it's the right thing to do today. I'm very proud of the Supreme Court's decision.</s>LEMON: Gavin Newsom, the mayor of San Francisco. Thank you, sir.</s>NEWSOM: Thank you.</s>LEMON: All right. Let's get to our justice correspondent now, Kelli Arena. She's standing by. Kelli, I'm looking at this ruling. And it is a huge ruling...</s>KELLI ARENA, CNN JUSTICE CORRESPONDENT: It is.</s>LEMON: ... over 200 or 300 pages that we're having to go through, and several of those quotes I pulled. What are you hearing there and what did you think of what we just said -- what we just talked to Gavin Newsom about?</s>ARENA: Well, you know, Don, this ruling was definitely a big shock to some legal experts. The court in California, as you heard from the mayor, does have a rather conservative reputation. And so California, shockingly, is now the second state where gay and lesbian residents can marry. But what this ruling does not mean, Don, is that couples will not be entitled to federal benefits, Social Security and so on. But they can claim benefit status under state laws. And as you just discussed, this decision could prod other states to go ahead and pass similar legislation using California as a precedent. Now, the court said in very plain English, it is a basic civil right to marry someone that you love, which includes all Californians, whether they're gay or heterosexual. And so as long as that ruling is, that's what it boils down to.</s>LEMON: All right, Kelli. And what about politically? How will this -- or how might this, I should say -- obviously you don't have a crystal ball, but how might this play out politically getting very close to deciding the Democratic nominee? We know who the Republican nominee is.</s>ARENA: I'll tell you, I don't need a crystal ball. I've got a BlackBerry. And I'm already being completely inundated with e-mails from all sorts of conservative groups. I mean, there' s definitely going to be more of a focus on where the candidates stand on this issue, which hasn't been, you know, one of the top three issues we've heard about.</s>LEMON: It hasn't, Kelli.</s>ARENA: No, it hasn't. But...</s>LEMON: What's interesting, in the last two presidential elections, and even during the Clinton term, remember "Don't ask, don't tell"?</s>ARENA: That's right.</s>LEMON: And then when George Bush was elected the first time and the second time this was a huge issue. But this time not so much.</s>ARENA: Not so much, but I think -- I think obviously this will put it on the radar screen. All three presidential candidates actually oppose same-sex marriage. But Democrats support the idea of civil unions. And you know what, Don? This is going to bring a lot of attention to the courts and the type of judges sitting on the bench.</s>LEMON: Yes.</s>ARENA: And that is something that political analysts say will definitely energize conservatives. You know, they're going to call attention to that and say, look, you know, do we want, you know, someone who is liberal in the White House, which will then translate into liberals on the bench where you get decisions like this one which many conservatives obviously oppose.</s>LEMON: Ah, OK. Very well put. Our justice correspondent, Kelli Arena. Thank you, Kelli.</s>ARENA: You're welcome.</s>BRIANNA KEILAR, CNN ANCHOR: And now from Washington we head out to California for reaction to that high court decision. CNN's Ted Rowlands in Los Angeles. What is the reaction there, Ted?</s>TED ROWLANDS, CNN CORRESPONDENT: Well, Brianna, as you might imagine, a lot of reaction, a lot of emotional reaction from both sides of this very divisive issue in San Francisco, where the state Supreme Court is located. A large group of people gathered waiting for this decision, and when it came out, huge cheers went up in San Francisco, as you might imagine. The governor has weighed in, Governor Arnold Schwarzenegger, saying in a statement released, "I respect the court's decision and as governor I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the Constitution" -- the state constitution -- "that would overturn this state Supreme Court ruling." On the other side of the court, the Alliance Defense Fund is promising that they will try to push through that exact next step, and that is a constitutional amendment. They said in a statement, in part, "Marriage is now jeopardized because of this ruling." It "ignores the will of the people, and a perfect example for the need for a marriage amendment." Gay and lesbian groups are holding press conferences throughout the day. Mayors of major cities of course -- we just talked to Gavin Newsom on the air. Antonio Villaraigosa is holding a press conference here in Los Angeles. "The Advocate," the gay and lesbian news magazine, also coming in with a quote. "We are thrilled with today's landmark decision. It is immensely gratifying to see our community finally achieve another step towards complete equality." The next step will be that counties will be told that they have to accommodate this, and we're going to see now in the coming weeks and months different counties around the state of California allowing these marriages to take place. And so this is just the beginning of what we anticipate of weeks and months of reaction here in California -- Brianna.</s>KEILAR: Ted Rowland for us in Los Angeles. Thanks Ted. And all three presidential candidates, they oppose same-sex marriage, but they do have some differences. Republican John McCain opposes a constitutional amendment banning same-sex marriage, saying each state should decide. And he also says if courts start overturning state laws, he might support a federal ban. Democrat Barack Obama, he opposes a constitutional ban. He supports though civil unions. And Hillary Clinton, of course a Democrat, also opposing a constitutional amendment. She supports civil unions, as well adding that each state should make its own decision.</s>LEMON: Well, John McCain is predicting what America and the world would look like if he is elected in November. In Columbus, Ohio, today the presumptive Republican nominee laid out what he expects after a first term. And here's what it is on the health care front. McCain says after his first four years in office, more small businesses would offer their workers health plans. And government insurance pools could cover Americans hard-pressed to find insurance because of pre-existing illnesses and these other predictions.</s>SEN. JOHN MCCAIN (R-AZ), PRESIDENTIAL CANDIDATE: Health care has become more accessible to more American than at any time in history. Reforms of the insurance market putting the choice of health care into the hands of American families rather than exclusively with the government or employers.</s>MCCAIN: Walk-in clinics -- walk-in clinics as alternatives to emergency room care, paying for outcome in the treatment of disease rather than individual procedures, and competition in the prescription drug market have begun to ring out the runaway inflation once endemic to our health care system.</s>LEMON: That's four years into the future for health care. Coming up in the NEWSROOM, we'll look at McCain's economic forecast and how that might affect you.</s>KEILAR: Rescue efforts in China are giving way to grim reality. The odds that anyone could survive more than three days in this rubble here of this catastrophic earthquake from Monday fading fast. The government has raised its projected death toll to more than 50,000 people. More than four million homes are said to be damaged or destroyed, 130,000 troops are mobilized for rescue and recovery efforts, and about 10 million people are said to be directly affected by this quake.</s>LEMON: To Myanmar now, where the official death toll from Cyclone Nargis jumped to more than 43,000. According to the Red Cross, nearly three times that many may have died. Well, the group also says emergency food and water have reached only about a quarter million people, with up to 2.25 million still in desperate need. Today Myanmar's military junta warned against hoarding, and it announced the approval of a constitution crafted to bolster its hold on power. The public referendum was held after the storm hit May 2 and May 3.</s>KEILAR: President Bush is touring the Holy Land, addressing Israel's parliament, and man, oh, man, did he say something that fired up the Democrats back home. We're going to explain ahead.</s>LEMON: And hard times fall on a famously tiny (ph) town on the coast of California. We'll tell you what the city of Santa Barbara is doing to help women who suddenly find themselves homeless.