Gays and lesbians have a constitutional right to marry in California, the state Supreme Court said today in a historic ruling that could be repudiated by the voters in November. In a 4-3 decision, the justices said the state's ban on same-sex marriage violates the "fundamental constitutional right to form a family relationship." The ruling is likely to flood county courthouses with applications from couples newly eligible to marry when the decision takes effect in 30 days.
"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.
Here is my favorite part; San Francisco City Attorney Dennis Herrera said "Our democratic system was founded on the notion that the courts should not be swayed by public opinion when it comes to protecting our most cherished rights,"
Gov. Arnold Schwarzenegger issued a statement today saying, "I respect the court's decision and as governor, I will uphold its ruling." He also reiterated his opposition to the constitutional amendment that is likely to be on the November ballot.
