A SF Superior Court judge just ruled that California’s ban on same-sex marriage goes against the state constitution — now it goes on to the state Supreme Court. From the SF Chronicle blurb:
Rejecting California Attorney General Bill Lockyer’s argument that California is entitled to maintain the traditional definition of marriage, Kramer said the same explanation was offered for the state’s ban on interracial marriage, which was struck down by the state Supreme Court in 1948.
The judge also rejected arguments by opponents of same-sex marriage that the current law promotes procreation and child-rearing by a husband and wife. “One does not have to be married in order to procreate, nor does one have to procreate in order to marry,” Kramer said.
Update 3/18/05: updated the title to no longer mean the opposite of what I meant (by adding the word ban).