California Superior Court: Gay Marriage Constitutional Right

March 14th, 2005 | by Mike G |

San Francisco Superior Court Judge Richard Kramer has ruled that gay and lesbian couples have a constitutional right to marry in California. The case has yet to be heard by the state Supreme Court. However, this marks the first time a California court has ruled in favor of same-sex marriage.

In his 27-page decision, Kramer - an appointee of former Gov. Pete Wilson, a Republican - said the state’s ban on same-sex marriage violates “the basic human right to marry the person of one’s choice,” and has no rational justification.

Rejecting California Attorney General Bill Lockyer’s argument that California is entitled to maintain the traditional definition of marriage, Kramer said the same explanation was offered for the state’s ban on interracial marriage, which was struck down by the state Supreme Court in 1948.

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