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Calif. Justices Strike Down Gay Marriage Ban

4-3 ruling makes state second, after Mass., to allow unions; challenge ahead

By Jonas Oransky, Newser Staff

Posted May 15, 2008 12:42 PM CDT

(Newser) – The California Supreme Court legalized gay marriage today, calling state laws discriminatory, the Los Angeles Times reports. The moderately conservative body found that same-sex couple must be allowed to marry, in a case stemming from the 2004 San Francisco unions that the same judges intervened to stop. An initiative on the November ballot could yet void the ruling if passed by voters.

"We are free to marry anyone," declared a jubilant advocate for lesbians. California, with 100,000 same-sex couples, joins Massachusetts in allowing marriage; 27 states have amendments banning it. The California legislature has twice passed bills authorizing the unions, but they've been vetoed by GOP Gov. Arnold Schwarzenegger—who today changed his tune, saying he’d uphold the ruling.

Partners Jeanne Rizzo, left, and Pali Cooper, middle, plaintiffs in the gay marriage case, watched a televised hearing. (AP Photo/Marcio Jose Sanchez)

Diane Sabin, left, and her girlfriend Jewelle Gomez, who are among the plaintiffs in a court case on gay marriage. (AP Photo/Marcio Jose Sanchez)

California Supreme Court Chief Justice Ronald M. George gestures in San Francisco, Tuesday, March 4, 2008. (AP Photo/Paul Sakuma, pool)

From left, attorney Gloria Allred, plaintiff Pali Cooper, attorney Shannon Minter and plaintiff Jeanne Rizzo embrace during a press conference on the issue of gay marriage outside of the California State... (AP Photo/Marcio Jose Sanchez)

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Calif. Justices Strike Down Gay Marriage Ban

4-3 ruling makes state second, after Mass., to allow unions; challenge ahead

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