The California
supreme court unanimously agreed Wednesday to decide
whether the state's ban on same-sex marriage violates a
constitutional ban on discrimination, though an
outcome is not likely until late next year. The
justices are reviewing an October decision by the first
district court of appeal, which ruled that California
marriage laws do not discriminate because gay and
lesbian couples can get most rights the state confers
to married couples.
Massachusetts is the only state that authorizes
same-sex marriage. California offers domestic
partnerships similar to civil unions in Vermont and Connecticut.
San Francisco mayor Gavin Newsom allowed gay and
lesbian couples to wed at City Hall in 2004, but
California's justices halted the ensuing wedding spree
and voided 4,037 marriage licenses by ruling the mayor did
not have authority to make marriage law. About 20 same-sex
couples and the city of San Francisco sued the state,
and the case has meandered through trial and appellate courts.
Had the supreme court not taken the case, the
lower court's decision would have stood. San Francisco
city attorney Dennis Herrera said the city was
"extremely gratified." "It's perhaps the major civil
rights issue of our time," he said.
A call to the office of Atty. Gen. Bill
Lockyer was not returned. A 1977 law and a 2000
voter-approved measure prohibit same-sex
couples from marrying in California. (David Kravets,
AP)
