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Barbara Koh

San Francisco Blog

By Barbara Koh, About.com Guide to San Francisco

California Supreme Court Legalizes Same-Sex Marriage

Thursday May 15, 2008
The California Supreme court ruled today (4-3) that gays and lesbians have a constitutional right to marry. The decision takes effect in 30 days, making the California Court just the second in the Union (after Massachusetts) to legally recognize the right of gay couples to walk down the aisle.

It's been more than four years since Mayor Newsom granted that right, however briefly, at San Francisco's City Hall. Today's monumental and historic decision strikes down laws that limit marriage to heterosexuals, finding that those laws discriminate against same-sex couples.

Excerpt from that decision:

As past cases establish, the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own — and, if the couple chooses, to raise children within that family — constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society. ~ p.7/S147999

Read the full opinion here.

Upon learning of the decision, a friend of mine said that same-sex couples now have "equal dignity under the California Constitution." As a Californian, I agree. I feel proud of this landmark decision -- framing the issue as one of basic rights and equality. And I'm gratified that same-sex couples and families can now exercise the same choices and options heterosexual couples and families have been granted under state law.

Photo: Justin Sullivan/Getty Images

Poll: How do you feel about today's Supreme Court decision?

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