May 15 2008
Gay marriage legal in California
Gay marriage legal in California, court declares
SAN FRANCISCO – A deeply divided California Supreme Court said Thursday that California’s ban on gay marriage is not legal, a move that sent off wild cheers and celebration in San Francisco but one that will face new fights from opponents of same-sex marriage.[..]
In its 121-page majority opinion, the court stated emphatically that California law may not deprive gays and lesbians of the same rights of other citizens.
“…(R)etaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise – now emphatically rejected by this state – that gay individuals and same-sex couples are in some respects “second-class citizens” who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples,” the opinion authored by Chief Justice Ronald M. George said.
“Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.”
The decision came down 4-3. It should probably be noted that six of the seven justices on the California Supreme Court are Republicans.
