California Court Affirms Right to Gay Marriage

The state’s ban on same-sex marriage was based on a law enacted by the Legislature in 1977 and a statewide initiative approved by the voters in 2000, both defining marriage as limited to unions between a man and a woman. The question before the court was whether those laws violate provisions of the state Constitution protecting equality and fundamental rights.

Given the historic, cultural, symbolic and constitutional significance of the concept of marriage, Chief Justice George wrote, the state cannot limit marriage to opposite-sex couples. The court left open the possibility that the Legislature could use another term to denote state-sanctioned unions so long as that term was used across the board for all couples.

The court’s 4-to-3 decision, striking down two state laws that had limited marriages to unions between a man and a woman, will make California only the second state, after Massachusetts, to allow same-sex marriages. The decision, which becomes effective in 30 days, is certain to be an issue in the presidential campaign.

“In view of the substance and significance of the fundamental constitutional right to form a family relationship,” Chief Justice Ronald M. George wrote of marriage for the majority, “the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples….

Posted by Dilated_Rebel
Born and raised very humbly in a “small town” in southern California, I was a product of different worlds. Literally, part of my family descends from Mexico the rest from Portugal and Uruguay. This mixture had kept me from supporting any racist psyche found...