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Legal News

: It's (Barely) Legal

California legalizes gay marriage

By Glen Ashman

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A landmark decision came out today from the California Superme Court:

California court overturns gay marriage ban

(AJC) Decision says domestic partnerships are not a good enough substitute for marriage.

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From Findlaw:

CIVIL RIGHTS, CONSTITUTIONAL LAW, FAMILY LAW, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
In re Marriage Cases, No. S147999
In an action challenging California's ban on gay marriage, the state Supreme Court rules that the California Constitution must be interpreted to guarantee the fundamental constitutional right to form a family relationship to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples. The laws at issue are unconstitutional to the extent each statute reserves the designation of "marriage" exclusively to opposite-sex couples and denies same-sex couples access to that designation. The purpose underlying differential treatment of opposite-sex and same-sex couples embodied in California's current marriage statutes, the interest in retaining the traditional and well-established definition of marriage, is not a compelling state interest for purposes of the equal protection clause. Read more in DOC... Read more in PDF...

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California Supreme Court Overturns Gay Marriage Ban
http://www.law.com/jsp/article.jsp?id=1202421418523

The Associated Press

The California Supreme Court has overturned a gay marriage ban in a
ruling that would make the nation's largest state the second one to
allow gay and lesbian weddings. The justices' 4-3 decision Thursday
says domestic partnerships are not a good enough substitute for
marriage. Chief Justice Ron George wrote the opinion. The city of San
Francisco, two dozen gay and lesbian couples and gay rights groups
sued in March 2004 after the court halted San Francisco's monthlong
same-sex wedding march

Full post as published by It's (Barely) Legal on May 15, 2008 (boomark / email).