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The California Supreme Court,
striking down two state laws that
had limited marriages to unions between a man and a woman, ruled late last week
that same-sex couples have a constitutional right to marry. The
court’s 4-to-3 decision, drawing on a ruling six decades ago that struck down
the state’s ban on interracial marriage, would make California
only the second state, after Massachusetts,
to allow same-sex marriages.
The decision, which becomes effective in 30 days unless the court grants a stay,
was greeted with celebrations at San
Francisco City Hall,
where thousands of same-sex marriages were thrown out by the courts fourCalifornia’s
constitution to ban same-sex marriages and overturn the decision. Same-sex
marriage has been a highly contentious issue in past presidential and Congressional
elections, but it was not immediately clear what role the ruling would play in
this year’s elections.
The Democratic and Republican candidates for president have all said that they
believe marriage should be between a man and a woman. Given the historic,
cultural, symbolic and constitutional significance of marriage, Chief Justice
Ronald M. George wrote for the majority, the state cannot limit its
availability to opposite-sex couples. “In view of the substance and
significance of the fundamental constitutional right to form a family
relationship,” he wrote, “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.”
There are about 110,000
same-sex couples in California,
according to census data, and the state has a strong domestic partnership law
giving couples who register nearly all of the benefits and burdens of
heterosexual marriage. But the majority of the justices said that is not
enough. The court left open
the possibility that the Legislature could use a term other than “marriage” to
denote state-sanctioned unions so long as that term was used across the board
— for both opposite-sex and same-sex couples. Governor Schwarzenegger, a
Republican, said in a statement that he respected the court’s ruling and did
not support a constitutional amendment to overturn it. Skip to next paragraph
years ago. It was denounced by religious and conservative groups, who pledged
to support an initiative proposed for the November ballot that would amend
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