Academic

California Supreme Court finds that limitation of ?marriage? to opposite sex couples is unconstitutional under California constitution

By Kathy Stanchi

Kudos to the California Supreme Court, which today ruled that the law?s limitation of ?marriage? to opposite sex couples is unconstitutional under the CA constitution. The Court found the limitation to be unconstitutional, even though California law permits same-sex couples to form ?domestic partnerships? that include all of the rights and privileges of marriage under a separate designation. The Court describes the legal issue as whether the ?failure to designate the official relationship of same sex couples as marriage violates the California Constitution.? The Court held that it did.

 There?s some amazing language in the decision, including: "retaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise ? now emphatically rejected by this state ? that gay individuals and same-sex couples are in some respects ?second-class citizens? who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples.?

 Looks like all those happy (gay!) marriages in San Francisco are valid. Let?s not forget that this is the result of some well-timed and courageous civil disobedience.  There?s a lesson in here somewhere.

Full post as published by The Faculty Lounge on May 15, 2008 (boomark / email).