California Court Ends Gay Marriage Ban

The California Supreme Court has ruled that gays and lesbians have a right to marry. Chief Justice Ronald M. George aptly explained the landmark 4-3 decision: “Even the most familiar and generally accepted of social policies and traditions often mask an unfairness and inequality that frequently is not recognized or appreciated by those not directly harmed.”

Californians will vote in November on whether to amend the state’s constitution to ban gay marriage. That measure is opposed by Gov. Arnold Schwarzenegger, a Republican. Only one of the seven justices on the court was appointed by a Democrat.

San Francisco Chronicle:

Gays and lesbians have a constitutional right to marry in California, the state Supreme Court said today in a historic ruling that could be repudiated by the voters in November.

In a 4-3 decision, the justices said the state’s ban on same-sex marriage violates the “fundamental constitutional right to form a family relationship.” The ruling is likely to flood county courthouses with applications from couples newly eligible to marry when the decision takes effect in 30 days.

“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,” Chief Justice Ronald George wrote in the majority opinion.

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