SAN FRANCISCO — The California Supreme Court overturned a ban on gay marriage Thursday, calling such a prohibition unconstitutional and paving the way for California to become the second state where gay and lesbian residents can marry.

In the 4-3 decision, Chief Justice Ron George wrote for the majority that domestic partnerships are not a good enough substitute for marriage.

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."

Outside the courthouse, celebrations erupted among gay marriage supporters.

"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.

Gov. Arnold Schwarzenegger said he will support the decision.

"I respect the court's decision and as governor, I will uphold its ruling," Schwarzenegger said in a statement. "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 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.

Let's go to California!!

The other state that allows domestic gay partnerships is....?

^it's marriage, not partnership

The other state that allows gay marriage partnerships is....?

no wonder everybody says your annoying

Screw them. Stop listening to what everyone says. I don't care anymore.

I think it is Massachusetts. I'm not certain though. You can look it up.

Same-sex couples have a constitutional right to marry, the California Supreme Court ruled Thursday.

The court’s 4-to-3 decision striking down state laws that had limited marriages to unions between a man and a woman makes 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.”

California already has a strong domestic partnership law that gives gay and lesbian couples nearly all of the benefits and burdens of heterosexual marriage. The majority said that is not enough.

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 another terms could denote state-sanctioned unions so long as that term was used across the board.

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.

Conservative groups have proposed a new initiative, this one to amend the state constitution to ban same-sex marriage. If it is allowed onto the ballot in November and approved by the voters, Thursday’s decision would be overridden. The groups have gathered more than a million signatures on initiative petitions and submitted them to the state.

Justice Marvin R. Baxter, dissenting, said the majority had should have deferred to the state Legislature, which has in recent years increased legal protections for same-sex couples.

“But a bare majority of this court,” Justice Baxter wrote, “not satisfied with the pace of democratic change, now abruptly forestalls that process and substitutes, by judicial fiat, its own social policy views for those expressed by the people themselves.”

The California Legislature has twice passed bills allowing same-sex marriages, but they were vetoed by Gov. Arnold Schwarzenegger, who said they would overturn the 2000 referendum.

Mr. Schwarzenegger opposes the current ballot initiative seeking a constitutional ban on same-sex marriage. He said Thursday that he respected the court’s decision and would not support overturning it.

In 2004, Mayor Gavin Newsom of San Francisco directed the county clerk to issue marriage licenses to gay and lesbian couples. Before the California Supreme Court halted the practice, more than 4,000 same-sex couples received marriage licenses in San Francisco.

Yeah it's MA and it is marriage not partnership idiot.

On the same day that Senator John Mc**** discussed his optimistic projections for the war in Iraq, a different war came into the war today. A ruling by the California Supreme Court could give the constantly simmering culture war new salience, as the state becomes the second to allow full-fledged gay marriage.

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.

None of the top presidential candidates fully embraced the ruling; the distinctions among their statements rested in tone and attitude toward the “deciders” of the case. Senator John Mc**** objected foremost to the fact that this decision came from the courts.

“John Mc**** supports the right of the people of California to recognize marriage as a unique institution sanctioning the union between a man and a woman, just as he did in his home state of Arizona,” said Tucker Bounds, a campaign spokesman. “John Mc**** doesn’t believe judges should be making these decisions.”

[For the record, Arizona’s voters were the first state to reject an amendment to their state’s constitution banning gay marriage in 2006.]

Statements from Senators Barack Obama and Hillary Rodham Clinton were nearly identical. While neither overtly criticized the decision, both sought to clarify that they support civil unions (opposed, implicitly, to marriage).

From the Clinton campaign:

Hillary Clinton believes that gay and lesbian couples in committed relationships should have the same rights and responsibilities as all Americans and believes that civil unions are the best way to achieve this goal. As President, Hillary Clinton will work to ensure that same sex couples have access to these rights and responsibilities at the federal level. She has said and continues to believe that the issue of marriage should be left to the states.

From the Obama campaign:

Barack Obama has always believed that same-sex couples should enjoy equal rights under the law, and he will continue to fight for civil unions as President. He respects the decision of the California Supreme Court, and continues to believe that states should make their own decisions when it comes to the issue of marriage.

One top Democrat did fully embrace the ruling. House Speaker Nancy Pelosi, who represents the San Francisco area:

I welcome the California Supreme Court’s historic decision. I have long fought against discrimination and believe that the State Constitution provides for equal treatment for all of California’s citizens and families, which today’s decision recognizes.

I commend the plaintiffs from San Francisco for their courage and commitment. I encourage California citizens to respect the Court’s decision, and I continue to strongly oppose any ballot measure that would write discrimination into the State Constitution.

Today is a significant milestone for which all Californians can take pride.

In any case, the ruling looks likely to stand, based on the succinct reaction from California’s Republican governor. “I respect the Court’s decision and as Governor, I will uphold its ruling,” said Gov. Arnold Schwarzenegger. “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.”

OH DEAR GOD... It's now the end of the world...As the Bible states...Plagues and all...society is truely doomed....









j/k
This is a historical move when it comes to the civil rights of human beings.
Congrats to all, I think there's some economic benefits by letting the ladies (and other ladies plus fellas and the other fellas) tie their knots anyways.

I was not expecting this outcome, but I think it's a major step towards settling this issue that shouldn't even BE an issue. Seriously, how the **** does a same-sex couple ruin anybody's quality of life?

^... i know...


i found this out yesterday as well ...