California Supremes legalize same-sex marriage

The California Supreme Court overturned a same-sex marriage ban on Thursday, paving the way for California to become the second state in the union to offer marriage to same-sex couples. Massachusetts courts directed the state legislature to enact laws allowing same-sex marriage in 2004.

The California court’s 4-3 decision said that the state’s domestic partnership registry was not a substitute for marriage, and therefore gay and lesbian couples were not afforded equal protection.

Selected excerpts from the court’s decision [PDF]:

“We determine that the language of section 300 limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.”

“There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state’s general legislative policy and preference.”