LawyersUSA

SAN FRANCISCO – In a landmark ruling, the California Supreme Court has struck down state laws that ban same-sex marriage, making it the second state in which gay and lesbian marriage will be legal.

The laws violate the state constitution's equal protection clause, the court held in a 4-3 decision. Click here to read a story about the ruling.

The winning attorneys hailed the ruling before a packed audience at San Francisco City Hall last week in an atmosphere that was more party than press conference, as hundreds of people gathered after the decision was announced.

"It's about human rights, it's about dignity. … It's about time," said San Francisco Mayor Gavin Newsom to a roar of applause. He was flanked by about one hundred gay and lesbian couples.

San Francisco City Attorney Dennis Herrera called the decision a "tremendous leap forward" in "reaffirming that everyone has the fundamental right to marry."

The city was one of the plaintiffs that filed suit against the state in 2004, alleging discrimination in its marriage laws, and the first government entity to challenge restrictions on same-sex marriage.

Some predict the ruling will influence other states.

"The California Supreme Court is the most influential state supreme court in the country. We hope other states will follow them and help knock down barriers," said Maya Harris, executive director of the American Civil Liberties Union of Northern California.

Unlike other rulings on same-sex marriage, this decision does not send the issue back to the legislature, said Matt Dorsey, press secretary for Herrera. He noted that it will take 30 days for the ruling to take effect.

Couples can register to marry immediately – and some already have.

Mali Kigasari arrived with her partner, Elizabeth Kristen, carrying a bouquet of flowers and their marriage license from 2004, which had been nullified by earlier court rulings.

The couple will be one of the first beneficiaries of the ruling.

"I just made an appointment – 30 days from now," said Kristin, an attorney with The Legal Aid Society's employment law center in San Francisco.

Kristen told Lawyers USA that the ruling will have a broad impact.

"This is a big civil rights victory and will have a tremendous effect," she said.

California Supreme Court. In re Marriage Cases, No. 7147999. May 15, 2008. Click here for the full text of this opinion.

Questions or comments can be directed to the writer at: sylvia.hsieh@lawyersusaonline.com