California Court Affirms Right to Gay Marriage (original) (raw)

U.S.|California Court Affirms Right to Gay Marriage

https://www.nytimes.com/2008/05/16/us/15cnd-marriage.html

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Stuart Gaffney, left, and John Lewis reacted to the California Supreme Court decision in San Francisco.Credit...Jim Wilson/The New York Times

May 16, 2008

The California Supreme Court, striking down two state laws that had limited marriages to unions between a man and a woman, ruled Thursday 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 four years ago. It was denounced by religious and conservative groups, who pledged to support an initiative proposed for the November ballot that would amend California’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, but Republicans could use a surge in same-sex marriages in the country’s most populous state to invigorate their conservative voters.

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.”

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