Gay Marriage Legalized In California

San Francisco, CA – Today the California Supreme Court handed down a ruling which legalized same sex marriage in California. The California Defense of Marriage Act, also known as Proposition 22, was found to be unconstitutional by the high court. Passed by the voters in March of 2000 by a wide margin (61.2%) the law was codified as Section 308.5 of the Family Code and stated: “Only marriage between a man and a woman is valid or recognized in California.”

Chief Justice George wrote the opinion for the court and was joined by Justices Kennard, Werdegar and Moreno. Justice Baxter wrote a concurring and dissenting opinion joined by Justice Chin. Justice Corrigan also wrote a concurring and dissenting opinion. Six of the seven justices on the court were appointed by Republican governors.

This is not the last word on this issue. In November the California voters will be presented with an opportunity to amend the California Constitution via the Marriage Protection Act. Should the Act pass, it will not be subject to review by the California Supreme Court.

Brad Dacus, president of Pacific Justice Institute, stated, “This is a classic case of judicial activism at its worst. This decision will now make the passage of the Marriage Protection Act critical for the survival of the will of the people of California.”