WBA Commends California
Supreme Court Decision Overturning Ban on Same Sex
Marriage
The
California Supreme Court today, in a 4-3 ruling,
reversed a ban on same-sex marriage in the state. The
top court said that excluding same-sex couples from
marriage violates the state's constitution, stating in
its 172-page decision:
"...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."
This decision makes California and
Massachusetts the only states to have their top courts
protect the rights of same-sex couples to marry.
"The Women's Bar
Association of Massachusetts is thrilled
that California has joined Massachusetts
in extending the right to marry to same
sex couples," said WBA President Kathy
Jo Cook. "In its decision, the Court
recognized that civil marriage is a
fundamental right guaranteed to all, and
as a matter of equal protection, that
statutes which discriminate based on
sexual orientation, like those which
discriminate based on gender, are
‘suspect’ and must be viewed with strict
scrutiny."
Read the decision here
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