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California lifts gay marriage ban | California lifts gay marriage ban |
(about 1 hour later) | |
California's top court has ruled that a state law banning marriage between same-sex couples is unconstitutional. | California's top court has ruled that a state law banning marriage between same-sex couples is unconstitutional. |
The state's Supreme Court said the "right to form a family relationship" applied to all Californians regardless of sexuality. | |
The ban was approved by voters in 2000 but challenged by gay rights activists and the city of San Francisco. | The ban was approved by voters in 2000 but challenged by gay rights activists and the city of San Francisco. |
The state legislature twice passed laws to legalise gay marriage, but Governor Arnold Schwarzenegger vetoed them. | |
He said California's court system should rule on the matter. | |
The seven-judge panel voted 4-3 in favour of the plaintiffs who argued that the 2000 law was discriminatory. | The seven-judge panel voted 4-3 in favour of the plaintiffs who argued that the 2000 law was discriminatory. |
"Limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute," California Chief Justice Ron George said in the written opinion. | "Limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute," California Chief Justice Ron George said in the written opinion. |
'Historic' | |
The decision was met outside the courthouse by cheers from gay marriage supporters. | |
"I'm profoundly grateful. This is a historic day," said San Francisco City Attorney Dennis Herrera, who argued the city's case to the court. | |
"Everybody being entitled to equal protection under the law probably carried the day," he said. | |
The ruling paves the way for California to become only the second US state, after Massachusetts, to allow same-sex marriage. | |
The decision is expected to re-invigorate the fight for same-sex marriage rights nationwide, say gay activists and legal experts. | |
California's Supreme Court has a history of landmark rulings that are later picked nationally. | |
The state currently offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married men and women. | |
Other states, such as Vermont and New Jersey, have similar civil union provisions. | Other states, such as Vermont and New Jersey, have similar civil union provisions. |
Californian voters approved the ban against same-sex marriages in a 2000 referendum. The law stated that "only marriage between a man and a woman is valid or recognised in California". | |
In early 2004, San Francisco became the first place in the US where gay couples were able to marry after the city's Mayor Gavin Newsom authorised same-sex marriage licences, claiming the state legislation was discriminatory. | |
In August of that year, California's Supreme Court ruled the mayor had overstepped his authority and nullified the hundreds of marriages. | |
Gay rights group Equality California was joined by nearly two dozen gay couples and the city of San Francisco in bringing the case to the Supreme Court. | |