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California victory for gays
15/05/2008 23:17 - (SA)
San Francisco - The California Supreme
Court ruled on Thursday the state cannot bar same-sex
marriages, marking a major victory for gay rights advocates
that may have national implications.
"Under these circumstances, we cannot find that retention
of the traditional definition of marriage constitutes a
compelling state interest," the court said in a majority
decision.
"Accordingly, we conclude that to the extent the current
California statutory provisions limit marriage to opposite-sex
couples, these statutes are unconstitutional."
Massachusetts is now the only US state to allow gay
marriage. Connecticut, New Hampshire, New Jersey and Vermont
permit same-sex civil unions that grant largely the same state
rights as married couples but lack the full, federal legal
protections of marriage. 'Historic day'
The California court concluded that the right to marry in
the state's constitution "guarantees same-sex couples the same
substantive constitutional rights as opposite-sex couples to
choose one's life partner and enter with that person into a
committed, officially recognised, and protected family
relationship".
San Francisco officials who have pressed in state courts
for allowing same-sex marriage applauded the decision.
"I'm profoundly grateful," said San Francisco City Attorney
Dennis Herrera. "This is a historic day."
"Everybody being entitled to equal protection under the law
probably carried the day," Herrera said, referring to what he
saw as a fundamental basis for the court's decision.
Opponents of gay marriage are planning to ask state voters
to override any court ruling allowing same-sex nuptials.
- Reuters
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