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California Court Affirms Same-sex Marriage, Challenge Expected Print E-mail
TS-Si Policy Review - Government
TS-Si News Service   
Thursday, 15 May 2008
California Court Affirms Same-sex Marriage, Challenge Expected.
TS-Si Government
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Sacramento, CA, USA. The California Supreme Court has ruled that California's ban on same-sex marriage is unconstitutional. Under court rules, the ruling takes effect in 30 days.
 
Opponents of the decision say they will ask the court to place a stay on its decision pending a public vote expected to take place in November.
 
The court's 121-page majority opinion states that California law may not deprive gays and lesbians of the same rights enjoyed by other citizens.
 
"... (R)etaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise -- now emphatically rejected by this state -- that gay individuals and same-sex couples are in some respects "second-class citizens" who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples," the opinion authored by Chief Justice Ronald M. George said.
 
"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."
 
The full opinion of the California Supreme Court in the same-sex marriage case is available from TS-Si.  [ Download PDF ]
 
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Last Updated ( Thursday, 15 May 2008 )
 
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