California Supremes legalize same-sex marriage

The California Supreme Court overturned a same-sex marriage ban on Thursday, paving the way for California to become the second state in the union to offer marriage to same-sex couples. Massachusetts courts directed the state legislature to enact laws allowing same-sex marriage in 2004.

The California court's 4-3 decision said that the state's domestic partnership registry was not a substitute for marriage, and therefore gay and lesbian couples were not afforded equal protection.

Selected excerpts from the court's decision [PDF]:

"We determine that the language of section 300 limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples."

"There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state's general legislative policy and preference."

OutFront Minnesota responded to today's news:

Today’s decision by the California Supreme Court allowing same-sex couples to marry is a victory for everyone who cherishes fairness and opportunity.

“Two people in a committed, trusting and loving relationship deserve the dignity and support that come with marriage,” said OutFront Minnesota Staff Attorney Phil Duran. The California Supreme Court’s ruling affirms the fundamental principle of equality under the law – a principle as old as the nation itself – and recognizes that government must treat same-sex and different-sex couples equally. It is a heartening decision that will have a real impact on families.”

California’s decision will not have a direct legal impact on Minnesota. A 1997 state law bans same-sex marriages.

“This ruling helps lay the foundation for loving committed couples to have legal protections and provide for their families,” according to Public Policy Director Monica Meyer. “The court did its job in ensuring that all families are treated fairly and equally under the law. It is a model that all fair-minded Minnesotans support.”

While the impact of today’s decision will naturally be felt most directly in California, it is likely that same-sex couples from across the country, including Minnesota, will at some point travel there to marry. However state law does not recognize same-sex marriages performed outside the state.

“OutFront Minnesota will continue to work to change hearts and minds on the issue of marriage and other issues that affect the gay, lesbian, bisexual, and transgender community,” said Meyer. “We are continuing to work on changes that will help all of Minnesota’s families. We believe that every person should have the opportunity to realize their hopes and dreams by being able to marry the person they love.”