SAN FRANCISCO — Gays and lesbians have a right to marry under the California Constitution, a state judge here ruled Monday, striking down state laws that limit marriage to "a man and a woman."
"No rational basis exists for limiting marriage in this state to opposite-sex partners," wrote San Francisco Superior Court Judge Richard Kramer. "Same-sex marriage cannot be prohibited solely because California has always done so before."
For The Record
Los Angeles Times Wednesday March 16, 2005 Home Edition Main News Part A Page 2 National Desk 1 inches; 54 words Type of Material: Correction
Definition of marriage -- An article in Tuesday's Section A about a San Francisco Superior Court judge's ruling striking down state laws that limit marriage to a man and a woman said that a constitutional amendment on the subject was considered last year in Washington state. It was considered by Congress in Washington, D.C.
The ruling does not mean that gay couples in California can immediately wed. The decision will be stayed to allow an appeal, which opponents of gay marriage say they plan to file. The case is likely to end up before the California Supreme Court, which is not expected to rule until next year.
Chronology
But both sides in the heated arguments over gay marriage predicted that the ruling would intensify a dispute that has roiled the nation since 2003, when the highest court in Massachusetts declared that gay couples had a right to marry under that state's Constitution.
"California has always been a harbinger," said Kate Kendell, executive director of the National Center for Lesbian Rights. "This decision -- for states committed to fairness and justice -- is a perfect road map for how to achieve that for gays and lesbians."
Sen. Rick Santorum (R-Pa.), a leading conservative on social issues, said the ruling strengthened the case for an amendment to the U.S. Constitution that would take away the authority of states to set their own rules on marriage.
"Today's lower court ruling in California, and other court rulings, further support the need for a constitutional amendment to protect marriage from activist judges for the good of families, children and society," he said.
In recent months, trial courts in New York, Oregon and Washington state have ruled in favor of same-sex marriage and one in New Jersey recently ruled against it. Those rulings have been appealed.
The Washington case has been heard by that state's high court, and a ruling could come soon. Lower court cases are pending in Maryland and Connecticut.
In California, the issue of gay marriage burst onto the public stage last year, when San Francisco Mayor Gavin Newsom directed county officials to issue marriage licenses to same-sex couples.
After four weeks of ceremonies for more than 4,000 couples, the California Supreme Court ruled that Newsom had exceeded his authority as mayor.
