California's Gay Marriage Decision

Four years ago, the California Supreme Court decided that same-sex marriage licenses issued at San Francisco's City Hall were "unlawful." Although California has conferred legal benefits to same-sex couples since 1999 through "registered domestic partnerships" (Page 3), in the absence of a judicial determination, "civil marriage" was reserved for opposite-sex couples.

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That lapse was remedied by the same high court on May 15*. The justices ruled (excerpts below and on the following eight pages) that neither one's "capacity to establish a loving and long-term committed relationship" nor "the responsibility to care for and raise children" (Page 7) depends upon an individual's sexual orientation. The state constitution guarantees the "right to marry" as integral to "liberty and personal autonomy" (Page 6), and each person has the right to establish an "officially recognized and protected family" and "to have their family relationship accorded dignity and respect" (Page 8).

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Correction, May 19, 2008: This article originally referred to April 15 as the date of the ruling. (Return to the corrected sentence.)

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