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May 15, 2008

California Supreme Court overturns gay marriage ban

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

Rhode Island does not issue same-sex marriage licenses, but the issue has recently been in spotlight after two women who were married in Massachusetts unsuccessfully tried to get divorced in Family Court. A judge is considering whether to ask the state's Supreme Court if the Superior Court has the authority to grant the couple a divorce.

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

Massachusetts is the only state that allows same-sex marriages.

In striking down the ban, the court said, "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."

-- The Associated Press

The cases were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California and another gay rights group in March 2004 after the court halted San Francisco's monthlong same-sex wedding march that took place at Mayor Gavin Newsom's direction.

Outside the courthouse, gay marriage supporters cried and cheered as news spread of the decision.

"Today the California Supreme Court took a giant leap to ensure that everybody - not just in the state of California, but throughout the country - will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.

Posted by Jack Perry  at 1:51 PM | Permalink

Comments

I am so happy.....other states are getting with the program. Have you met a "traditional" man/women marriage, there hardly out there. This is going to start occuring in other states also. Thats why I am moving to another state. Who knows Rhode Island may be next.

Pat | May 15, 2008 2:19 PM link

Buh-BY,now!

Tom | May 15, 2008 4:37 PM link

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