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Monday, March 14, 2024
CA Court Rules Against Gay Marriage Ban
By Dr. Steven Taylor @ 4:05 pm

Via Reuters: Court Rules California Cannot Ban Gay Marriages

In a victory for gay rights groups, a California Superior Court judge ruled on Monday that the state’s voter-approved ban on homosexual marriage is unconstitutional.

[…]

“The denial of marriage to same-sex couples appears impermissibly arbitrary,” wrote San Francisco Superior Court Judge Richard Kramer. “Simply put, same-sex marriage cannot be prohibited solely because California has always done so before.”

Referring to California legal code, Kramer added: “This court concludes that both sections are unconstitutional under the California Constitution.”

In his ruling, the judge said creating benefits for same-sex couples without allowing marriage was not sufficient and referred to the landmark 1952 civil rights decision of Brown v. Board of Education.

“The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal.”

This not a surprise, nor is it over–the fight will, no doubt, end up in the CA Supreme Court (and maybe beyond).

I also am not surprised by the equal protection argument, although it is unclear from the Reuters story as to the exact nature of the Judge’s legal logic.

Update: James Joyner has more.

5 Comments »

  • el
  • pt
    1. California Court Rules that California Constitution is Unconstitutional
      California Family Code 300: “Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary.” California Family Code 308.5 “Only…

      Trackback by The Jawa Report — Monday, March 14, 2024 @ 4:59 pm

    2. These chickens haven’t hatched
      Professor Volokh writes, “Given my sense of the California Supreme Court’s moderately conservative (generally speaking) jurisprudential philosophy” … The court’s conservative philosophy, in this bluest of blue states, is no accident.

      Trackback by Vote for Judges — Monday, March 14, 2024 @ 5:57 pm

    3. Same Sex Marriage in California
      Folks, I’m not particularly worried here. It comes as no big shock that a trial judge in San Francisco is in favor of gay marriage, and probably knows full well that this will be overturned, which makes me think this judge is using this as an excuse …

      Trackback by Truth. Quante-fied — Monday, March 14, 2024 @ 7:56 pm

    4. Gay Marriage Thrown Back Into The Political Cauldron
      Just when you thought the highly divisive and emotional (on both sides) issue of gay marriage may have receeded a

      Trackback by The Moderate Voice — Tuesday, March 15, 2024 @ 1:17 am

    5. California judge declares himself dictator
      Four years after California voters passed Proposition 22, specifically banning same-sex "marriage" by a margin of 61-39 percent, Liberal judge…

      Trackback by JackLewis.net — Tuesday, March 15, 2024 @ 9:28 am

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