Friday, May 16, 2008

here's to equality

Thursday was a very big day in CA.

In a stunning 4-3 decision, the California Supreme Court has ruled that the ban on same-sex marriage is unconstitutional making it the second state after Massachusetts to allow gay couples to legally marry.

From calitics, the majority opinion concludes:

in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union "between a man and a woman" is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand.

So what does this mean going forward?

Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court.

Wow.

Ah, sweet progress.

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