California's Top Court Overturns Same-Sex Marriage Ban

The California Supreme Court overturned a ban on gay marriage Thursday, calling such a prohibition unconstitutional and paving the way for California to become the second state where gay and lesbian residents can marry. In the 4-3 decision, Chief Justice Ron George wrote for the majority that domestic partnerships are not a good enough substitute for marriage. In striking down the ban, the court said, "In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation, and, more generally, that an individual's sexual orientation like a person's race or gender does not constitute a legitimate basis upon which to deny or withhold legal rights." Outside the courthouse, celebrations erupted among gay marriage supporters. "Today the California Supreme Court took a giant leap to ensure that everybody -- not just in the state of California, but throughout the country -- will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco. Gov. Arnold Schwarzenegger said he will support the decision. "I respect the court's decision and as governor, I will uphold its ruling," Schwarzenegger said in a statement. "Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

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