Cali. Supreme Court Rejects Gay Marriage Ban

In a monumental victory for the gay rights
movement, the California Supreme Court overturned a voter-approved ban
on gay marriage Thursday in a ruling that would allow same-sex couples
in the nation's biggest state to tie the knot.

Domestic
partnerships are not a good enough substitute for marriage, the
justices ruled 4-3 in an opinion written by Chief Justice Ron George.
Outside the courthouse, gay marriage supporters cried and cheered as news spread of the decision.


"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," the court wrote.

The
city of San Francisco, two dozen gay and lesbian couples and gay rights
groups sued in March 2004 after the court halted San Francisco's
monthlong same-sex wedding march.
"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.



Coalition to challenge

The challenge for gay rights advocates, however, is not over.

A
coalition of religious and social conservative groups is attempting to
put a measure on the November ballot that would enshrine laws banning
gay marriage in the state constitution.
The
secretary of state is expected to rule by the end of June whether the
sponsors gathered enough signatures to qualify the marriage amendment,
similar to ones enacted in 26 other states.
If voters pass the measure in November, it would trump the court's decision.
California
already offers same-sex couples who register as domestic partners the
same legal rights and responsibilities as married spouses, including
the right to divorce and to sue for child support.
But,
"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," Chief Justice Ron George wrote for
the court's majority.
In a dissenting opinion, Justice Marvin Baxter
agreed with many arguments of the majority but said the court
overstepped its authority. Changes to marriage laws should be decided
by the voters, Baxter wrote.

Massachusetts
is now the only U.S. state to allow gay marriage. Connecticut, New
Hampshire, New Jersey and Vermont permit same-sex civil unions that
grant largely the same state rights as married couples but lack the
full, federal legal protections of marriage.
"I
respect the court's decision and as governor, I will uphold its
ruling," said Gov. Arnold Schwarzenegger in a statement. "Also, as I
have said in the past, I will not support an amendment to the
constitution that would overturn this (ruling)."