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Indybay Feature

SF Marriage Ruling Becomes Official

by 365gay.com
San Francisco Superior Court Judge Richard Kramer Friday issued a final decision and judgment in the California marriage equality case.
SF Marriage Ruling Becomes Official
by Mark Worrall 365Gay.com San Francisco Bureau

Posted: April 15, 2005 7:30 pm ET


(San Francisco, California) San Francisco Superior Court Judge Richard Kramer Friday issued a final decision and judgment in the California marriage equality case.

On March 14th Kramer ruled that gay and lesbian couples in California can marry, and that the state's law against it was unconstitutional. (story)

Today's written ruling confirms his decision of March 14 and sets into motion the appeals process. Kramer stayed his decision pending a final resolution of the case by the appellate courts.

Any party who wishes to appeal the decision to the California Court of Appeal has sixty days to do so.

California Attorney General Bill Lockyer and two legal groups representing religious conservatives already have vowed to appeal.

The case will eventually be decided by the California Supreme Court.

In striking down the state ban on same-sex marriage Kramer wrote that the state's historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.

"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," said Kramer.

The case was brought by LGBT rights groups and some of the more than 4,000 other couples who married in San Francisco last year after those marriages were invalidated in a state Supreme Court ruling that found San Francisco mayor Gavin Newsom acted illegally in granting marriage licenses to them. At the time the court did not rule on the issue of same-sex marriage itself, saying it should work its way up from the lower courts.

Kate Kendell, Executive Director of the National Center for Lesbian Rights, said she is looking forward to arguing the appeal. NCLR represents Equality California, Our Family Coalition, and twelve same-sex couples, including Del Martin and Phyllis Lyon, the first couple to be issued a marriage license in San Francisco in February, 2004.

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