BREAKING NEWS:

California Supreme Court rules in favor of homosexual 'marriage'
Lisa Leff - Associated Press Writer

SAN FRANCISCO - The California Supreme Court has overturned a ban on same-sex "marriage," paving the way for California to become the second state where homosexual residents can marry.

The justices released the 4-3 decision today, saying that domestic partnerships are not a good enough substitute for marriage.

Outside the courthouse, homosexual marriage supporters cried and cheered as news spread of the decision.The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted the monthlong wedding march that took place when Mayor Gavin Newsom opened the doors of City Hall to same-sex marriages."Today the California Supreme Court took a giant leap to ensure that everybody - not just in the state of California, but throughout the country - will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.The challenge for homosexual rights advocates, however, is not over. A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution.The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures to qualify the marriage amendment, similar to ones enacted in 26 other states.If voters pass the measure in November, it would trump the court's decision. California already offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support. But, "Our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation," Chief Justice Ron George wrote for the court's majority. In a dissenting opinion, Justice Marvin Baxter agreed with many arguments of the majority but said the court overstepped its authority. Changes to marriage laws should be decided by the voters, Baxter wrote.