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  [SF] Judge strikes down ban on same-sex marriage
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ContributorPatrick 
Last EditedPatrick  Mar 15, 2005 04:01pm
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News DateTuesday, March 15, 2005 10:00:00 PM UTC0:0
DescriptionA San Francisco Superior Court judge declared California's ban on same-sex marriage unconstitutional Monday, saying it violates the "basic human right to marry a person of one's choice.''

More than a year after San Francisco Mayor Gavin Newsom directed the county clerk to issue marriage licenses to gay and lesbian couples at City Hall, Judge Richard Kramer gave legal vindication to Newsom's rationale: that the state's 28-year-old law defining marriage as a union between a man and a woman is arbitrary and unfair.

"No rational purpose exists for limiting marriage in this state to opposite-sex partners,'' Kramer wrote in a decision that relied on rights guaranteed by the California Constitution. He cited as precedent another groundbreaking ruling, the state Supreme Court's 1948 decision striking down California's law against interracial marriage.

Kramer's decision will not take effect during appeals that are likely to wind up in the state Supreme Court sometime next year.
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