Proponents of same-sex "marriage" lined the streets of San Francisco, USA on Monday to celebrate the controversial ruling that knocked down California's ban on gay unions earlier that day. Meanwhile, pro-family leaders across the nation criticised the ruling and prepared to enter another uphill battle in the larger cultural war to protect and preserve traditional marriage in America.
In his 27-page opinion, San Francisco County Superior Court Judge Richard Kramer said there appears to be "no rational purpose exists for limiting marriage in this state to opposite sex partners."
"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," Kramer wrote in his decision.
At the crux of his ruling was his opinion that marriage is a basic "human right" -- a characterisation long disputed among social conservatives and liberals.
Kramer wrote that the state's ban on same-sex "marriage" violates "the basic human right to marry the person of one's choice."
The ruling was made in light of a series of lawsuits brought by the city of San Francisco and a dozen same-sex couples a year ago, after the state Supreme Court halted the four-week "marriage" spree initiated by Mayor Gavin Newsome in February 2004.
Newsom and SF city officials handed out some 4,000 same-sex "marriage licenses" in defiance of state law before being ordered to stop.
In August, the state's high court invalidated those "marriage" licenses and ruled that Newsom had overstepped his authority in giving the green light to such unions.
The several lawsuits filed against Mayor Newsom and by same-sex marriage advocates were then consolidated before Judge Kramer, who released his opinion today.
The recent ruling is not retroactive, and will not validate the licenses issued in the past. However, if it is left to stand, same-sex couples will be allowed to "marry" across the state.
Kramer’s decision essentially strikes down Proposition 22 -- a statewide voter legislative initiative that was passed in 2004 with a 61.4 percent majority vote.
California’s same-sex marriage proponents hailed the ruling as a victory.
"Couples who have made a commitment in life deserve the legal commitment to match," said Shannon Minter, legal director of the National Center for Lesbian Rights, one of the attorneys in the case.
"This historic ruling affirms the state constitution's promise of equality and fairness for all people," Minter noted. "The court recognised that when the government denies lesbians and gay men the right to marry, it is treating them unequally."
Geoffrey Kors, executive director of Equality California, said the ruling brought the state "one giant step closer to true equality for all California families."
"The court recognised that the government has no business putting obstacles in the path of people who are seeking to care for their loved ones," said Kors.
