200805161331 | California gives gays green light to marry.

California gives gays green light to marry.

San Francisco - The California Supreme Court ruled on Thursday the state cannot bar same-sex marriages, marking a major victory for gay rights advocates that may have national implications.

"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest," the court said in a majority decision.
"Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."

Massachusetts is now the only US state to allow gay marriage.
Connecticut, New Hampshire, New Jersey and Vermont permit same-sex civil unions that grant largely the same state rights as married couples but lack the full, federal legal protections of marriage.

'Historic day'

The California court concluded that the right to marry in the state's constitution "guarantees same-sex couples the same substantive constitutional rights as opposite-sex couples to choose one's life partner and enter with that person into a committed, officially recognised, and protected family relationship".

San Francisco officials who have pressed in state courts for allowing same-sex marriage applauded the decision.
"I'm profoundly grateful," said San Francisco City Attorney Dennis Herrera. "This is a historic day."

"Everybody being entitled to equal protection under the law probably carried the day," Herrera said, referring to what he saw as a fundamental basis for the court's decision.
Opponents of gay marriage are planning to ask state voters to override any court ruling allowing same-sex nuptials.