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Top California court rules gays may marry

The California Supreme Court overturned a ban on same-sex marriages on Thursday in a major victory for gay rights advocates that will allow homosexual couples to marry in the most populous U.S. state.

SAN FRANCISCO - The California Supreme Court overturned a ban on same-sex marriages on Thursday in a major victory for gay rights advocates that will allow homosexual couples to marry in the most populous U.S. state.

The court found that California laws limiting marriage to heterosexual couples are at odds with rights guaranteed by the state's constitution.

Opponents of gay marriage vowed to contest the ruling with a statewide ballot measure for a constitutional amendment to ban gay marriages.

The ruling would allow California to be the second state, after Massachusetts, to allow gay marriage.

Connecticut, New Hampshire, New Jersey and Vermont permit same-sex civil unions that grant largely similar rights as those for married couples but lack the full, federal legal protections of marriage.

The California court's 4-3 decision overturns state laws prohibiting same-sex nuptials and is likely to influence other states expected to rule on gay marriage.

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 recognized, and protected family relationship," the court said.

Gay marriage has been one of the most divisive issues in recent American politics and has mobilized millions of socially conservative Christian voters to support candidates such as President George W. Bush who oppose it.

In San Francisco, a bastion of gay rights with its large and vocal gay community, people were quick to react to the landmark ruling and started making marriage plans.

Susan Graham, 46, sent a text message to her female partner of 10 years proposing marriage. She responded: "Are you kidding? Absolutely."

Bruce Ivie, 51, and partner David Bowers, 61, were the first people at the San Francisco court clerk's office to obtain a copy of the decision.

"Sweet," Ivie said on finding the decision's bottom line on the state's ban on gay marriage. "The second paragraph says it all to me: It's unconstitutional."

Added: Friday, May 16, 2008, 13:12 (BST)

It is not the courts' job to uphold the precise will of the majority of the people. That's what elections are for. The job of the courts is to uphold the Constitution, regardless of whether the necessary decisions fall in line with the will of the majority. It is up to the judges to determine, without bias from the rest of the population, what constitutes equality under the law, or equal protection. It seems more than obvious to me that to exclude Gay couples from the institution of marriage is a clear violation of any notion of "equality," and I have yet to see anyone dispute that on a rational level. Therefore, it is not "activism" on the part of judges to declare that Gay and Straight couples should be treated equally under the law, rather it is an example of judges performing their rightful duty.

Chuck Anziulewicz, Spring Hill, West Virginia, USA

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