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BREAKING NEWS -- Supreme Court of California issues same-sex marriage ruling in In re Marriage Cases

BREAKING NEWS -- Supreme Court of California holds in In re Marriage Cases that "to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.": You can access today's 4-3 ruling by California's highest court at this link. I have posted a back-up copy of the 172-page decision on this blog's servers at this link.

Chief Justice Ronald M. George wrote the majority opinion, in which Associate Justices Joyce L. Kennard, Kathryn Mickle Werdegar, and Carlos R. Moreno joined.

Associate Justice Marvin R. Baxter's concurring and dissenting opinion begins, "The majority opinion reflects considerable research, thought, and effort on a significant and sensitive case, and I actually agree with several of the majority's conclusions. However, I cannot join the majority's holding that the California Constitution gives same-sex couples a right to marry. In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error." Associate Justice Ming W. Chin joined in Justice Baxter's opinion. Associate Justice Carol A. Corrigan also dissented from the majority's judgment, although she expressed her agreement with the majority's outcome as a matter of personal preference.

In early news coverage, The Associated Press reports that "California Supreme Court overturns gay marriage ban."

Bob Egelko of The San Francisco Chronicle reports that "State Supreme Court says same-sex couples have right to marry."

Maura Dolan of The Los Angeles Times reports that "California Supreme Court overturns gay marriage ban."

Howard Mintz of The San Jose Mercury News reports that "California Supreme Court overturns ban on gay marriage."

And The Sacramento Bee reports that "Gay marriage legal in California, court declares."

Full post as published by How Appealing on May 15, 2008 (boomark / email).