Gay marriage ban rejected by state Supreme Court

The California Supreme Court on Thursday overturned the state ban on same-sex marriages, a 4-3 ruling hailed as a victory by gays, lesbians and their advocates.

“I am proud of the court for realizing and honoring the commitment that gay people have to each other,” Santa Rosa City Councilman John Sawyer said minutes after the ruling was announced.

At the request of Sawyer, who is gay, the city filed a friend of the court brief in the case.

Sebastopol and Cloverdale also were among the 15 cities and four counties that filed friend-of-the-court briefs supporting same-sex marriage.

The court’s 172-page ruling said:

“In light of the fundamental nature of the substantive rights embodied in the right to marry — and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society — the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation.”

Ukiah attorney Caren Callahan said the meaning was clear. “They have interpreted the Constitution to say marriage is between any two people who want to get married,” she said.

Callahan, who has had a female partner for 18 years, said she was digesting the ruling to determine how it can be applied.

The key question, Callahan said, is whether California county clerks can issue marriage licenses to same sex couples.

The high court ruling said “we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest.

“Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.”

The court’s ruling came on a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman.

It makes California the second state after Massachusetts where gay and lesbian residents can marry.

“What happens in California, either way, will have a huge impact around the nation. It will set the tone,” said Geoffrey Kors, executive director of the gay rights group Equality California.

The cases before the California court were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California and another gay rights group in March 2004 after the court halted San Francisco’s monthlong same-sex wedding march that took place at Mayor Gavin Newsom’s direction.

The state Legislature has twice passed laws to make gay marriage legal. Gov. Arnold Schwarzenegger vetoed them both times, citing the ban approved by voters in 2000.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine California’s current laws banning gay marriage in the state constitution.

The secretary of state is expected to rule by the end of June whether the sponsors gathered enough signature to qualify the marriage amendment, similar to ones enacted in 26 other states.