BabyGirl
03-15-2005, 02:41 AM
California's Gay-Marriage Ban Unconstitutional, Judge Rules
SAN FRANCISCO - A San Francisco judge on Monday declared California's ban on same-sex marriage unconstitutional, the first such ruling in the state's history and the first in a legal battle that is now destined for the appellate courts.
Superior Court Judge Richard Kramer concluded that it violates equal-protection rights of gay and lesbian couples to deny them the right to marry, making him one of a number of judges around the country to recently strike down laws forbidding same-sex unions. The judge ruled in a case brought by a dozen gay couples seeking the right to marry, as well as San Francisco city officials and civil rights groups who've challenged existing state law.
In rejecting the state's defense of treating same-sex couples differently, Kramer wrote that California simply could not justify the unequal treatment of gay couples.
"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," the judge observed in his lengthy opinion.
Both sides had vowed to appeal Kramer's decision if they lost, ensuring the case will now proceed to either the San Francisco-based 1st District Court of Appeal or directly to the California Supreme Court. The judge's decision follows similar rulings in Washington and in New York, where challenges to gay marriage bans are proceeding through the courts. The Massachusetts Supreme Court last year found that state's law unconstitutional.
San Francisco city officials had scheduled a news conference at City Hall to discuss the decision, which comes a little more than a year after Mayor Gavin Newsom ignited the issue in California by issuing marriage licenses to thousands of gay couples. The courts put a halt to the weddings, inviting San Francisco to challenge the legality of the state's ban.
Groups opposed to same-sex marriage have vowed to put the issue on the ballot in California if the courts strike down the state's law limiting marriage to a man and a woman.
California Attorney General Bill Lockyer, who has said he does not oppose same-sex marriage, is defending the law in the courts.
SAN FRANCISCO - A San Francisco judge on Monday declared California's ban on same-sex marriage unconstitutional, the first such ruling in the state's history and the first in a legal battle that is now destined for the appellate courts.
Superior Court Judge Richard Kramer concluded that it violates equal-protection rights of gay and lesbian couples to deny them the right to marry, making him one of a number of judges around the country to recently strike down laws forbidding same-sex unions. The judge ruled in a case brought by a dozen gay couples seeking the right to marry, as well as San Francisco city officials and civil rights groups who've challenged existing state law.
In rejecting the state's defense of treating same-sex couples differently, Kramer wrote that California simply could not justify the unequal treatment of gay couples.
"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," the judge observed in his lengthy opinion.
Both sides had vowed to appeal Kramer's decision if they lost, ensuring the case will now proceed to either the San Francisco-based 1st District Court of Appeal or directly to the California Supreme Court. The judge's decision follows similar rulings in Washington and in New York, where challenges to gay marriage bans are proceeding through the courts. The Massachusetts Supreme Court last year found that state's law unconstitutional.
San Francisco city officials had scheduled a news conference at City Hall to discuss the decision, which comes a little more than a year after Mayor Gavin Newsom ignited the issue in California by issuing marriage licenses to thousands of gay couples. The courts put a halt to the weddings, inviting San Francisco to challenge the legality of the state's ban.
Groups opposed to same-sex marriage have vowed to put the issue on the ballot in California if the courts strike down the state's law limiting marriage to a man and a woman.
California Attorney General Bill Lockyer, who has said he does not oppose same-sex marriage, is defending the law in the courts.