05/26/08 By SexHerald Staff
In a 4-3 decision, the California Supreme Court struck down the ban on same-sex marriage. The ruling majority claims that such a ban based on sexual orientation is unconstitutional, in that it violates the Equal Protection rights of the Constitution. They also claim that the Constitution protects a “fundamental right” to marry.
This decision was more than just a victory for same-sex couples. The broadly-worded decision will serve as a playbook for other states as same-sex couples look for new ways to topple out-dated, conservative laws. In California, same-sex couples can begin tying the knot in June of this year.
The California Supreme Court roster was mostly Republican and was viewed as moderately conservative. The fact that this panel was far-reaching in its scope to protect same-sex marriage was a surprise to many. While same-sex couples in California are surely rejoicing, the fight is not over. An initiative on a November ballot aims to amend the State Constitution to prevent same-sex unions. CaliforniaLove
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