Finally, California’s supreme court ruled today that same-sex couples have a constitutional right to wed.
In a 4-3 decision that flies in the face of public opinion in the state, the court found said there was no legally justifiable reason why the state should withhold the institution of marriage because of a couple’s sexual orientation, and that domestic partnerships were not a suitable substitute.
The court rejected arguments that marriage should be preserved for heterosexual couples on the basis of tradition. Citing a 1948 case overturning a ban on interracial marriage, Chief Justice Ron George wrote in his opinion that “history alone is not invariably an appropriate guide for determining the meaning and scope of this fundamental constitutional guarantee”.
“Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation,” the chief justice wrote.
Arnold Schwarzenegger, the Republican governor of California, has twice vetoed legislation that would have granted marriage to same-sex couples, but said in a statement he respected today’s decision and “will not support an amendment to the constitution that would overturn this state supreme court ruling.”
Digg it: source : at A gay mens blog