The court ruled 4-3 that the state's ban on same-sex marriage violates the "fundamental constitutional right to form a family relationship."

"The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," Chief Justice Ronald George wrote in the majority opinion.

Allowing gay and lesbian couples to marry "will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage," George said.

In addition, he said, the current state law, enacted in 1977 and reaffirmed by the voters in 2000, discriminates against same-sex couples on the basis of their sexual orientation - discrimination that the court, for the first time, put in the same legal category as racial or gender bias.

SFGate writes:

Today's ruling set off a celebration at San Francisco City Hall, where nearly 4,000 same-sex weddings were performed in 2004 before the state high court put a halt to the marriages while challenges to the California law worked their way through the courts. The decision today has no effect on those annulments.

Outside the city clerk's office, three opposite-sex couples were waiting at 10 a.m. for marriage certificates. City officials had prepared for a possible rush on certificates by same-sex couples, but hadn't yet changed the forms that ask couples to fill out the name of the "bride" and "groom."

City officials say they'll probably be unable to marry the same-sex couples for another 30 days when the decision fully goes into effect. But they're making appointments for those weddings now.

"We've waited over 21 years for this day, but today I can finally say I will be able to marry John, the man that I love," Stuart Gaffney, whose marriage to John Lewis was one of those annulled by the court in its 2004 ruling, said at a San Francisco news conference with his lawyers and other plaintiffs. "Today is the happiest and most romantic day of our lives."

Unfortunately the fight for equal rights to marry is still far from over in the state. Right wing religious groups have submitted more than 1.1 million signatures in order to put a constitutional amendment banning same-sex marriages on the November ballot. If at least 694,354 of them are valid it will be up to Californians to decide if gays will continue to have equal marriage rights in the state.

Ellen Degeneres said the following about the historic ruling Thursday:
"I’m thrilled that the California supreme court overturned the ban on gay marriage. I can’t wait to get married. We all deserve the same rights, and I believe that someday we’ll look back on this and not allowing gays to marry will seem as absurd as not allowing women to vote.

P.S. I’m registered at Crate & Barrel."

T.R. Knight said, "Our 'certain inalienable rights' are protected today. It makes me proud to live in a country that works to correct its sins."

Melissa Etheridge said, "I feel they have made an honest woman of me. What a wonderful blessing for us and the gay community. We’re moving forward. It makes me feel happy for the whole human race that we are finally getting out of our differences and coming together and we are putting this all behind us. It really is going to be the thing that we talk to our kids and our grandkids and say, 'That was the olden days — wasn’t that ridiculous?'"

Marc Jacobs said, "Who to love and how to love should be up to the individual or the couple. Enough said!"

Last update: 01-31-2009 20:02

Posted by cody j, on 05-18-2008 15:58, 1. great,great,great, Congrads, Calif, EVERYBODY deserves a place under the sun, NO ONE should be denied the right to marry,and love.....its about time.   » Report this comment to administrator Posted by TIMOTHY VESTAL SR., on 05-20-2008 15:10, 2. two guys in richmond hay thats good my god be with you   » Report this comment to administrator