Richard Kramer
Encyclopedia
The Honorable Richard A. Kramer was born in Brookline, Massachusetts
on July 22, 1947 and graduated from the University of Southern California
Law School
in 1972 as a Doctor of Jurisprudence
, following a Bachelor of Arts
, magna cum laude
degree
in political science
in 1969. He was appointed to the San Francisco superior court
by Governor
Pete Wilson
in 1996. Prior to this appointment, he was a civil litigator representing the banking industry. http://www.siliconvalley.com/mld/mercurynews/news/nation/11139473.htm Kramer has been recognized for his ability to handle many complex cases, leading to California's Judicial Council to appoint him as the same-sex "Marriage Cases" coordinator.
as between a man and a woman on the grounds that it denies the "basic human right to marry a person of one's choice." In his decision, he pointed out the "obvious natural and social reality that one does not have to be married in order to procreate, nor does one have to procreate in order to be married” and that "California
's enactment of right
s for same-sex couples belies any argument that the State would have a legitimate interest in denying marriage," concluding that "there is no rational state interest in denying them the rites of marriage as well."
According to a San Francisco Chronicle
news articlehttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/archive/2005/03/15/SAMESEX.TMP, "A crucial point of the ruling was the judge's conclusion that the marriage law amounts to sex discrimination
, a finding that is enough to overturn virtually any California law under the state's strict constitutional standard. The law makes "the gender of the intended spouse ... the sole determining factor" of the legality of a marriage, Kramer said; he said claims by the law's defenders that the law treats men and women equally were no more valid than earlier claims that anti-interracial marriage laws treated whites and blacks equally."
The decision had no effect during the appeals process. California governor
Arnold Schwarzenegger
supported the status quo of domestic partnership
rights, but said that he would abide by the state Supreme Court
's decision and not push any constitutional amendment
to override the courts.
Kramer, in the words of a National Review
editorialhttp://www.nationalreview.com/editorial/editors200503160748.asp, "finds the law's definition of marriage as the union of a man and a woman not just wrong or outdated but irrational... He has never heard of a possible reason to regard marriage as a male-female union. That view of marriage... cannot survive even the lowest level of scrutiny a judge can bring to bear on a statute." National Review argued, "This kind of pseudo-rationalism would undermine any marriage law at all" because not all marriages fulfill the roles for which they were designed. The magazine considers the decision to be anti-democratic judicial activism
. "There is no plausible argument that any provision of the state constitution
was originally understood to require same-sex marriage
," argues the editorial
.
Libertarian commentator Andrew Sullivan
concedes that the decision was judicial activism, with which he is somewhat uncomfortable. Nevertheless, he applauded the decision in his blog
, noting:
Sullivan also noted: "Kramer is not a radical. He's a Catholic
Republican
appointed by a former Republican governor."
Finally, Sullivan counters the argument that the decision undermines all marriage law thus:
In 2008, after the California Supreme Court reversed the appeal which had overturned Kramer's decision, essentially upholding Kramer's original decision but on different grounds, Kramer officiated some of the first same-sex weddings in San Francisco. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/06/20/BAC211CKE5.DTL
Brookline, Massachusetts
Brookline is a town in Norfolk County, Massachusetts, United States, which borders on the cities of Boston and Newton. As of the 2010 census, the population of the town was 58,732.-Etymology:...
on July 22, 1947 and graduated from the University of Southern California
University of Southern California
The University of Southern California is a private, not-for-profit, nonsectarian, research university located in Los Angeles, California, United States. USC was founded in 1880, making it California's oldest private research university...
Law School
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
in 1972 as a Doctor of Jurisprudence
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
, following a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
, magna cum laude
Latin honors
Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. This system is primarily used in the United States, Canada, and in many countries of continental Europe, though some institutions also use the English translation of these...
degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
in political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
in 1969. He was appointed to the San Francisco superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
by Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Pete Wilson
Pete Wilson
Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...
in 1996. Prior to this appointment, he was a civil litigator representing the banking industry. http://www.siliconvalley.com/mld/mercurynews/news/nation/11139473.htm Kramer has been recognized for his ability to handle many complex cases, leading to California's Judicial Council to appoint him as the same-sex "Marriage Cases" coordinator.
Marriage Case and Response
Kramer made headlines http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=7898872 http://news.bbc.co.uk/2/hi/americas/4349201.stm in March 2005 when he struck down Proposition 22, a California ballot initiative defining marriageMarriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
as between a man and a woman on the grounds that it denies the "basic human right to marry a person of one's choice." In his decision, he pointed out the "obvious natural and social reality that one does not have to be married in order to procreate, nor does one have to procreate in order to be married” and that "California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
's enactment of right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
s for same-sex couples belies any argument that the State would have a legitimate interest in denying marriage," concluding that "there is no rational state interest in denying them the rites of marriage as well."
According to a San Francisco Chronicle
San Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
news articlehttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/archive/2005/03/15/SAMESEX.TMP, "A crucial point of the ruling was the judge's conclusion that the marriage law amounts to sex discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
, a finding that is enough to overturn virtually any California law under the state's strict constitutional standard. The law makes "the gender of the intended spouse ... the sole determining factor" of the legality of a marriage, Kramer said; he said claims by the law's defenders that the law treats men and women equally were no more valid than earlier claims that anti-interracial marriage laws treated whites and blacks equally."
The decision had no effect during the appeals process. California governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
supported the status quo of domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
rights, but said that he would abide by the state Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
's decision and not push any constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to override the courts.
Kramer, in the words of a National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
editorialhttp://www.nationalreview.com/editorial/editors200503160748.asp, "finds the law's definition of marriage as the union of a man and a woman not just wrong or outdated but irrational... He has never heard of a possible reason to regard marriage as a male-female union. That view of marriage... cannot survive even the lowest level of scrutiny a judge can bring to bear on a statute." National Review argued, "This kind of pseudo-rationalism would undermine any marriage law at all" because not all marriages fulfill the roles for which they were designed. The magazine considers the decision to be anti-democratic judicial activism
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
. "There is no plausible argument that any provision of the state constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was originally understood to require same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
," argues the editorial
Editorial
An opinion piece is an article, published in a newspaper or magazine, that mainly reflects the author's opinion about the subject. Opinion pieces are featured in many periodicals.-Editorials:...
.
Libertarian commentator Andrew Sullivan
Andrew Sullivan
Andrew Michael Sullivan is an English author, editor, political commentator and blogger. He describes himself as a political conservative. He has focused on American political life....
concedes that the decision was judicial activism, with which he is somewhat uncomfortable. Nevertheless, he applauded the decision in his blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
, noting:
- "when state constitutions insist upon it, you have to have a much stronger argument to keep a minority disenfranchised than the current anti-marriage forces have been able to marshall. Tradition? So was the ban on inter-racial marriageMiscegenationMiscegenation is the mixing of different racial groups through marriage, cohabitation, sexual relations, and procreation....
. Procreation? Non-procreative straight couples can get civil licenses. The potential collapse of civilization? Impossible to prove or even argue convincingly. Once you have accepted that there is no moral difference between homosexualityHomosexualityHomosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and heterosexualityHeterosexualityHeterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
, the arguments against same-sex marriage collapse. And since the only coherent moral difference is the likelihood of non-procreative sex, and that is now the norm in traditional heterosexual civil marriage, there is no moral case against allowing gay couples to have civil marriage. The rest is fear and prejudice and religiousReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
conviction. None should have a place as a legal argument in the courts."
Sullivan also noted: "Kramer is not a radical. He's a Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
appointed by a former Republican governor."
Finally, Sullivan counters the argument that the decision undermines all marriage law thus:
- "No one is using any of these actual, not-always-present aspects of civil marriage to deny anyone's right to marry. No one, so far as I know, is saying that we should bar couples from civil marriages because they are not in love or not cohabiting or any other criterion. But they are saying that couples [that] do not or cannot procreate should be barred from marriage - on those grounds alone. All Kramer is saying is that current marriage laws have no such exception, and that using that exception to exclude one group of non-procreative couples (the gayGayGay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
ones) rather than another non-procreative group (the straight ones) makes no logical sense. Especially when many lesbianLesbianLesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
(and some gay ones) marriages have biological children, and some straight ones have adopted kids."
In 2008, after the California Supreme Court reversed the appeal which had overturned Kramer's decision, essentially upholding Kramer's original decision but on different grounds, Kramer officiated some of the first same-sex weddings in San Francisco. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/06/20/BAC211CKE5.DTL
See also
- Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- Same-sex marriage in CaliforniaSame-sex marriage in CaliforniaThe status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...