[From SignOnSanDiego.com]
State ban on gay marriage overturned
By Greg Moran
UNION-TRIBUNE STAFF WRITER
May 15, 2008
The state Supreme Court struck down California’s law banning same sex couples from getting married, in a historic decision Thursday that declared the law unconstitutional discrimination.
The decision will surely touch off an impassioned political fight.
The 4-3 opinion is the high court’s most important civil rights decision in more than a decade, and it is an epic legal victory for same-sex marriage advocates. California is now the second state in the nation to allow gays and lesbians to be legally married.
In a 121-page decision, Chief Justice Ronald George wrote that for a variety of reasons “we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.”
In dissent, Justice Marvin Baxter said the state constitution does not give same-sex couples the legal right to marry and the court was overstepping its authority.
“In reaching this decision, I believe, the majority violates the separation of powers and thereby commits profound error,” Baxter wrote. He was joined by Justice Ming Chin, along with Baxter the court’s strongest conservative voices.
Justice Carol Corrigan wrote a separate opinion siding with Baxter and Chin for different reasons.
The majority opinion rejected arguments that legalizing marriage for same sex couples would undermine the institution of marriage itself.
The court also disregarded the pleas from lawyers for the state defending the law who argued any change in the definition of marriage should come from the legislature and not the courts.
Advocates for same-sex marriage had argued the law was unconstitutional because it discriminates on the basis of gender and sexual orientation. They also said it denied gays and lesbians equal protection of the laws and violated their right to privacy, freedom to associate and the right to marry the person of their choosing.
The opinion came two months after an extraordinary 3½
-hour session of oral arguments, in which the seven-member court seemed closely divided on the issue.
A group of men sitting outside Dave’s Coffee Place in Hillcrest Thursday morning were surprised to hear of the ruling. Some said marriage carries more practical than emotional significance for the gay community, but they praised the ruling.
“At least we’re moving forward,” Michael Hogan said.
Tags: war, justice, Rights, same-sex <BR/>