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California Supreme Court upholds same-sex marriage

Submitted by Matt on Thu, 05/15/2008 - 12:31.

Chalk up another victory for civil rights. The California Supreme Court today upheld the right of same-sex couples to marry. You can view the full decision here, but for now here's an excerpt:

In light of the fundamental nature of the substantive rights embodied in the
right to marry — and their central importance to an individual’s opportunity to
live a happy, meaningful, and satisfying life as a full member of society — the
California Constitution properly must be interpreted to guarantee this basic civil
right to all individuals and couples, without regard to their sexual orientation.

It is true, of course, that as an historical matter in this state marriage always
has been limited to a union between a man and a woman. Tradition alone,
however, generally has not been viewed as a sufficient justification for
perpetuating, without examination, the restriction or denial of a fundamental
constitutional right. (Cf. Perez, supra, 32 Cal.2d 711, 727; Sail’er Inn, Inc. v.
Kirby (1971) 5 Cal.3d 1, 17-19 (Sail’er Inn).)45
In light of the fundamental nature of the substantive rights embodied in the
right to marry — and their central importance to an individual’s opportunity to
live a happy, meaningful, and satisfying life as a full member of society — the
California Constitution properly must be interpreted to guarantee this basic civil
right to all individuals and couples, without regard to their sexual orientation.

It is true, of course, that as an historical matter in this state marriage always
has been limited to a union between a man and a woman. Tradition alone,
however, generally has not been viewed as a sufficient justification for
perpetuating, without examination, the restriction or denial of a fundamental
constitutional right. (Cf. Perez, supra, 32 Cal.2d 711, 727; Sail’er Inn, Inc. v.
Kirby (1971) 5 Cal.3d 1, 17-19 (Sail’er Inn).)45

It's a good day to live in California.

By the way, apparently there's a ballot initiative in CA this November to ban same-sex marriage in the state constitution. I watched this happen in Ohio a few years back, and this type of initiative is horrendous, not just because it's bigoted and hateful, but it also weakens domestic violence laws. If you live in California (or any other state with similar initiatives) check out Equality for All and get involved.

 



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