WASHINGTON -- The California Supreme Court ruled Thursday that gays have a constitutional right to marry, striking down state laws that forbade it, in a decision that is likely to reenergize the election-year debate over same-sex marriages and gay rights.
The 4 to 3 ruling opened the way for the nation's most populous state to join Massachusetts in allowing partners of the same sex to marry. The court's order becomes final in 30 days, and it told county clerks and registrars to prepare.
Diane Sabin, left, kisses her partner Jewelle Gomez after hearing the court decision on same sex-marriages on Thursday.
Marriage is a "basic civil right" guaranteed to all Californians, "whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," Chief Justice Ronald George wrote in a 121-page ruling. He repeatedly said the ruling was based on the California court's first-in-the-nation decision in 1948 to end the state's prohibition on interracial marriage, nearly 20 years before the U.S. Supreme Court took the same action.
The decision sparked a joyous celebration outside the court in San Francisco, but the victory for gay rights groups could be short-lived. Before the ruling, a conservative coalition submitted more than 1 million signatures to place a constitutional amendment banning gay marriage on the November ballot.
"These out-of-touch judges will not have the last word on marriage," said Brian Brown, executive director of the National Organization for Marriage California.
If the proposed amendment makes the ballot, the issue is sure to resonate in the fall, not only in California but on the presidential campaign trail.
Democratic senators Barack Obama of Illinois and Hillary Clinton of New York issued careful and nearly identical statements saying they support civil unions to protect the rights of same-sex couples. Both avoided taking a position on gay marriage, saying states should make such decisions.
Senator John McCain's campaign said the Arizona Republican "supports the right of the people of California to recognize marriage as a unique institution sanctioning the union between a man and a woman."
McCain, who last week denounced judicial activism in an appeal to his conservative base, added that he "doesn't believe judges should be making these decisions."
A different reaction came from California's Republican Govornor Arnold Schwarzenegger, who has twice vetoed legislation that would have allowed same-sex marriages.
"I respect the court's decision and as governor, I will uphold its ruling," he said in a statement. "I will not support an amendment to the constitution that would overturn this state Supreme Court ruling."
The landmark decision grew out of San Francisco Mayor Gavin Newsom's directive to local clerks four years ago to provide marriage licences to same-sex couples, saying it was unconstitutional not to.
-- The Washington Post
PREVIOUS
