LOS ANGELES — California will become only the second U.S. state to allow gay and lesbian couples to tie the knot after the state’s Supreme Court May 15 overturned a voter referendum that had banned same-sex “marriages.”
Twenty-three gay and lesbian couples had filed suit to challenge a 1977 law and the 2000 referendum that defined marriage as between a man and a woman. In a 4–3 decision, the court ruled that barring gay couples from “marriage” violates the “fundamental constitutional right to form a family relationship.”
Writing for the majority, Chief Justice Ronald George said opening “marriage” to same-sex couples “will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage.”
Under the ruling, same-sex couples will be eligible for marriage licenses in 30 days, and the state will recognize gay marriages performed in other jurisdictions. Currently only Massachusetts allows gay marriage, as do five other countries, including Canada.
While gay rights group hailed the ruling as a watershed victory, opponents promised a no-holds-barred battle to amend the state constitution to explicitly ban same-sex “marriages.” If approved by voters in November, the amendment would trump the court’s decision.
Gov. Arnold Schwarzenegger has twice vetoed a legislative attempt to allow gay marriages, but said he would oppose the November referendum and respect the state court’s decision. (TAB)
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