The California Supreme Court effectively overturned a gay marriage ban in the state in a 4-3 ruling. The ruling says that gay couples have the inherent right to decide who they marry. This ruling makes California the second state, after Massachusetts, to allow same-sex marriage. The ruling takes effect in thirty days. However, a number of opponents have already pledged to overturn the ruling through legislation.
Chief Justice Ronald M. George, wrote the following in the brief for the majority:
“In view of the substance and significance of the fundamental constitutional right to form a family relationship, 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 Governor Arnold Schwarzenegger, released the following statement following the court’s order:
“I respect the Court’s decision and as Governor, I will uphold its ruling. 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 history of the case begins in early 2004, when the City of San Francisco began issuing marriage certificates to gay and lesbian couples at City Hall. The historic move, prompted by San Francisco Mayor Gavin Newsom, drew thousands of committed couples from across the state, and nation, who wanted to validate their relationships. More than 4,000 couples married in San Francisco that winter. In March 2008, the California Supreme Court invalidated the marriage licenses of each couple married in San Francisco. Almost immediately, a lawsuit was filed, challenging the state law that excludes same-gender couples from marriage.
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