Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, May 15, 2008

Same-sex marriage in California

The California Supreme Court, by a 4-3 vote, has overturned the state's statutory ban on same-sex marriage.  The fact that the state already allows same-sex couples to enter into domestic partnerships appears to have played a significant role in the court's decision.  Here's an excerpt:

[I]n 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. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/05/same-sex-marria.html

Vischer, Rob | Permalink

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