The California same-sex marriage ban has been struck down! The California Supreme Court found that it was unconstitutional under the California constitution.
"There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state's general legislative policy and preference," said the 120-page ruling.Of course there will be an attempt to push this up to the U.S. Supreme Court and hopefully they won't grant cert, but I have a feeling they will find a way.
For those law geeks out there like me, you can read the full opinion in all of its constitutional glory here. The decision is quick to point out that it was not decided on the same grounds as other states' decisions which have discussed whether their state constitutions allow for gay marriage, but rather whether the California constitution prohibits the state from labeling heterosexual legal unions as "marriages" and homosexual legal unions as "domestic partnerships." Though this tempers the joy for me a bit, it is a victory nonetheless which shows that treating homosexual relationships with less significance than heterosexual relationships is not fair or legal. The decision seems mostly, if not wholly, based on California law, which renders federal review limited at best.
It's sad that we have to go one state at a time, but I won't let this temper my excitement about this victory. Make no mistake, we are on our way to equality and we won't stop.