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Judge Says Calif. Can't Ban Gay Marriage
1 hour, 29 minutes ago
By LISA LEFF, Associated Press Writer
SAN FRANCISCO - A judge ruled Monday that California's ban on gay marriage is unconstitutional — a legal milestone that, if upheld on appeal, would open the way for the most populous state to follow Massachusetts in allowing same-sex couples to wed.
Judge Richard Kramer of San Francisco County's trial-level Superior Court likened the ban to laws requiring racial segregation in schools, and said there appears to be "no rational purpose" for denying marriage to gay couples.
The ruling came in response to lawsuits filed by the city of San Francisco and a dozen gay couples a year ago after the California Supreme Court halted a four-week same-sex marriage spree started by Mayor Gavin Newsom.
The opinion had been eagerly awaited because of San Francisco's historical role as a gay rights battleground.
Gay marriage supporters hailed the ruling as a historic development akin to the 1948 state Supreme Court decision that made California the first state to legalize interracial marriage.
"Today's ruling is an important step toward a more fair and just California that rejects discrimination and affirms family values for all California families," San Francisco City Attorney Dennis Herrera said.
Conservative leaders expressed outrage at the ruling and vowed to appeal.
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