The California Supreme Court, has struck down two state laws that had limited marriages to unions between a man and woman, ruled on Thursday that same sex couples have a constitutional right to marry.
In a 4to 3 decision drawing on a ruling 60 years ago that struck down a state ban on interracial marriages, that would make California, the second state, after Massachusetts to allow same sex marriages.
The decision, which becomes effective in 30 days,unless the court grants a stay, was greeted with celebrations at San Francisco City Hall, where thousands of same sex marriages were thrown out by the courts four years ago.
It was denounced by religious and conservative groups that promised to support an initiative proposed for the November ballot that would amend the Californian Constitution to ban same–sex marriages and overturn the decision. Same sex-marriages has been a highly contentious issue in Presidential and Congressional elections, but it was not immediately clear what role the ruling would have this year.
While the democrats support the marriages between a man and a woman but the republicans could use a surge in same-sex marriages in the most populous state to invigorate conservative voters.
Chief Justice Ronald George who wrote for the majority has said that the state cannot limit its availability to opposite–sex couples. The ruling given by the court was historic, cultural, symbolic and has constitutional significance.
The Chief Justice also said that considering the significance of the fundamental constitutional right to form a family, the Californian constitution must be interpreted properly to guarantee this basic civic right to all Californians, whether gay, or heterosexual, and to same sex couples as well as to opposite–sex couples.
This ruling given by the Supreme Court of California may seem to be rational, but it is smacked with controversies and the impact of it on the society will be known only after some time.