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Old 03-14-2005, 02:10 PM   #1
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Judge finds CAs marriage law unconstitutional

http://www.sfgate.com/cgi-bin/articl...n121337S24.DTL

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Originally Posted by article
"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," Kramer wrote.

The judge wrote that the state's historical definition of marriage, by itself, cannot justify the unconstitutional denial of equal protection for gays and lesbians and their right to marry.

"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," Kramer wrote.

Kramer's decision came in a pair of lawsuits seeking to overturn California's statutory ban on gay marriage. They were brought by the city of San Francisco and a dozen same-sex couples last March, after the California Supreme Court halted the four-week marriage spree Mayor Gavin Newsom had initiated when he directed city officials to issue marriage licenses to gays and lesbians in defiance of state law.

"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.
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