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SAN FRANCISCO (Reuters) - Calling marriage a “fundamental human right”, a San Francisco judge has confirmed a preliminary decision that found California’s ban onsame-sex wedlock was unconstitutional, officials said on Friday.
“The state’s position that California has granted marriage-like rights to same-sex couples points to the conclusion that there is no rational state interest in denying them the ritesof marriage as well,” San Francisco Superior Court Judge Richard Kramer wrote in his final decision.
“The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal,”
The judge then cited the landmark 1954 Brown v. Board of Education civil rights decision against segregation of races.
Kramer’s ruling is a victory for backers of gay marriage, but is seen by both sides as just the first stage of a legal battle that could drag on for years. California Gov. ArnoldSchwarzenegger, who opposes gay marriage, expects the dispute to end up in the California Supreme Court…
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“The state’s position that California has granted marriage-like rights to same-sex couples points to the conclusion that there is no rational state interest in denying them the ritesof marriage as well,” San Francisco Superior Court Judge Richard Kramer wrote in his final decision.
“The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal,”
The judge then cited the landmark 1954 Brown v. Board of Education civil rights decision against segregation of races.
Kramer’s ruling is a victory for backers of gay marriage, but is seen by both sides as just the first stage of a legal battle that could drag on for years. California Gov. ArnoldSchwarzenegger, who opposes gay marriage, expects the dispute to end up in the California Supreme Court…
Full Article