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15 May 2008

California Supreme Court Overturns Same Sex Marriage Ban

California A landmark victory for gay rights. The California Supreme Court rules same sex marriage is a basic civil right and cannot be prohibited in the nation's largest state.

The justices' 4-3 decision Thursday says domestic partnerships are not a good enough substitute for marriage. Chief Justice Ron George wrote the opinion.

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted San Francisco's monthlong same-sex wedding march.

The case before the court involved a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman.

California would become the second state after Massachusetts where gay and lesbian residents can legally marry.

The California Legislature "has twice passed bills to authorize gay marriage. Gov. Arnold Schwarzenegger vetoed both." However, the governor issues a statement today that says he will "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 that would overturn this state Supreme Court ruling."

The proposed constitutional amendment referred is being promoted on the November ballot by a coalition of religious and social conservative groups.

The California Supreme Court is considered conservative. Six of the seven justices were appointed by Republican governors and the ruling (PDF) by "the Republican-dominated court affects more than 100,000 same-sex couples in the state, about a quarter of whom have children, according to U.S. census figures."

The full opinion (PDF)

California Supreme Court overturns gay marriage ban [LAT]
California Supreme Court overturns gay marriage ban [AP]

Comments

I'm speechless. But ELATED!

I must say this had me in tears for a while as it actually took a minute to sink in. My partner and I had planned a commitment ceremony for later in the year but we are going to be having a real wedding instead I guess (still in shock). I am just so overwhelmed but I am very happy that my partner and I can be married for the sake of my step children and for other GLBT families out there. This is truly an historic day I will remember for the rest of my life.

GREAT DAY IN THE MORNING!

As the guy I am talking to lives in CA and I live in NJ, where we will surely enact Marriage Equality in the coming year, I AM OVERWHELMED by the idea, the notion, the truth that at 43, I will be able to MARRY IN MY LIFETIME!

WOW...I AM LEAPING IN MY SOUL AND LEAKING FROM MY EYES!

Marry me, Rod!

I thought Texas was the largest state???

DEE: Alaska is the largest state in terms of land mass. California is the largest in population and routinely described as "the largest state."

DUWAYNE: That sounds wonderful, congratulations!

SEAHAWK: Okay. ;)

Wonderful news ... something positive for a change!

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