Thursday, May 15, 2008

Gay Marriage Ban Overturned By California Supreme Court

MSNBC reports on a landmark ruling this morning by California's Supreme Court, declaring the state's ban on same sex marriage unconstitutional:

SAN FRANCISCO - The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry.

The justices released the 4-3 decision Thursday, saying that domestic partnerships are not a good enough substitute for marriage in an opinion written by Chief Justice Ron George.

"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest," the court said in a majority decision.

More from the majority's opinion:

Furthermore, in contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, 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.

For the Court's complete opinion, see In Re: Marriage Cases.

More reading - the law blogs weigh in:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAWCIVIL LITIGATIONWILLS AND ESTATESFAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOGSUBSCRIBE TO WISE LAW BLOG

Post a Comment