Finally ruling on the cases coming out of Gavin Newson's marriage of same-sex couples all the way back in 2004, the Supreme Court of California has ruled that the state's domestic partnership laws are insufficient to satisfy the "fundamental right to marry" or same-sex couples. I haven't had a chance to read the opinion myself yet, but its available here. The ruling overturns as violating the CA state constitution a popular initiative that limited marriage to opposite sex couples.
The bottom line is that same-sex marriage is now legal in California. Bravo, Golden State, bravo.
UPDATE: In an unprecedented move, the California SC actually reviewed the ban under strict scrutiny, holding gays and lesbians to be a suspect class, and that the ban infringed on a fundamental right - that to marry. Other state courts usually apply only rational basis and NO ONE has wanted to call gays a suspect class. Huge.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment