California Judge Rejects Same-Sex 'Marriage' Ban; State's Argument Is Compared with 'Separate but Equal' Laws

The Washington Times (Washington, DC), March 15, 2005 | Go to article overview
Save to active project

California Judge Rejects Same-Sex 'Marriage' Ban; State's Argument Is Compared with 'Separate but Equal' Laws


Byline: Cheryl Wetzstein, THE WASHINGTON TIMES

A California judge yesterday ruled that it is unconstitutional for the state to deny marriage licenses to homosexual couples.

"[I]t appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," San Francisco County Superior Court Judge Richard Kramer ruled in the consolidated lawsuit filed by same-sex couples and others seeking marital rights.

Judge Kramer rejected the state's arguments that male-female marriage embodies the traditional understanding of what marriage is.

"Simply put, same-sex marriage cannot be prohibited solely because California has always done so before," Judge Kramer wrote.

He also rejected the state's argument that it is acceptable to maintain traditional marriage while offering many similar rights to same-sex couples through laws recognizing domestic partnerships.

"The idea that marriagelike rights without marriage is adequate smacks of a concept long rejected by the courts - separate but equal," said the judge, who was appointed to the bench by Republican Gov. Pete Wilson.

Judge Kramer will hold a hearing on his ruling March 30. Appeals are expected by that time.

"We're gratified by today's ruling," said San Francisco City Attorney Dennis Herrera, who represents the city and county of San Francisco in the lawsuit.

Last year, San Francisco officials "married" more than 4,000 same-sex couples. Although the California Supreme Court later ruled those "marriages" invalid, San Francisco officials are hoping the consolidated lawsuit will lead to legalization of same-sex "marriage" in the state.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

California Judge Rejects Same-Sex 'Marriage' Ban; State's Argument Is Compared with 'Separate but Equal' Laws
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?