SAN FRANCISCO, March 15, 2005 (LifeSiteNews.com) – A judge overturned California’s voter approved ban on same-sex “marriage” Monday, ruling that denying homosexuals the opportunity to “marry” is tantamount to discrimination.
In his opinion, San Francisco County Superior Court Judge Richard Kramer, a Catholic, stated, “It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners.” Kramer further claimed, “The state’s protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional. Simply put, same-sex marriage cannot be prohibited solely because California has always done so before.”
Judge Kramer’s decision struck down Proposition 22, a statewide voter legislative initiative that passed in 2000 by a vote of 61.4%. Proposition 22 declared that marriage is a union of one man and one woman.
Mathew Staver, President and General Counsel of Liberty Counsel, who represented Campaign for California Families in helping the State defend traditional marriage in this case, said, “For a single judge to rule there is no conceivable purpose for preserving marriage as one man and one woman is mind-boggling. This ruling, which flies in the face of common sense and millennia of human history, will pour gasoline on the fire ignited by the pro-marriage movement,” Staver added.
“One does not have to be married in order to procreate, nor does one have to procreate in order to be married,” Judge Kramer said. “Thus, no legitimate state interest to justify the preclusion of same-sex marriage can be found.”
Republican Assemblyman Ray Haynes said, “This ruling demonstrates absolutely what we have to do, which is to amend the Constitution so that we can take the question out of the hands of any judge anywhere at any time.” Haynes has already introduced a constitutional amendment proposition in the Democrat-controlled House.
Gov. Arnold Schwarzenegger said he is opposed to any attempt at amending the State constitution, but rather that he would abide by any decision of the courts. “I think that this will be now going eventually to the Supreme Court in California, and we will see what the decision is,” Schwarzenegger said. “And whatever that decision is, we will stay by that, because I believe in abiding by the law and sticking with the law.”
Download the full ruling (pdf)
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