Constitutional Law: May 2008 Archives

California's supreme court ruled that a ban on gay marriage was unconstitutional.

The seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.

The court said "... limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute.”

Before Thursday only one other state , Massachusetts , allowed gay marriage.  California, New Jersey and Vermont, however,  have legislation which grants same-sex partners many of the same legal rights as married couples.

Thursday's ruling came after a long-running legal battle that erupted in 2000 when California voters approved a law declaring that only marriages between men and women could be legally recognized.

John M. Hanamirian